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ORDINANCES AND RESOLUTIONS 
OF THE 

Mayor and City Council 

OF BALTIMORE 

PASSED AT THE ANNUAL SESSION 1983-1984 







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ORDINANCES 

PASSED AT THE ANNUAL SESSION 
1983-1984 



No. 1 
(Council No. 17) 
AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS - 
(THE WILLIAM H. WHITING COMPANY PROJECT) 

FOR the purpose of authorizing and empowering Mayor and City Council of 
Baltimore to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, 
its industrial development revenue bonds, in the aggregate principal amount 
not to exceed $750,000, pursuant to the provisions of Sub-section (50) of Arti- 
cle II of the Charter of Baltimore City (1964 Revision), as amended, for the 
purpose of financing the acquisition and remodeling of a certain 43,050 square 
foot warehouse and office building, together with approximately 2.078 acres 
of land, all known as 6701 Moravia Park Drive, located in Baltimore City, 
Maryland, by The William H. Whiting Company, a Maryland corporation, or 
by any subsidiary, affiliate or related person of The William H. Whiting Com- 
pany (which subsidiary, affiliate or related person may be a natural person or 
organized as a corporation, partnership, joint venture or other entity) (the 
"Borrower"), for use by the Borrower in the business of The William H, 
Whiting Company distributing marine hardware and accessories, and by any 
lessees to whom the Borrower may choose to lease portions of the building, in 
their respective businesses; authorizing the Mayor of the City, on behalf of the 
City, to accept the letter of intent dated November 10, 1983 from the Bor- 
rower to the City; making certain legislative findings; authorizing and em- 
powering the Board of Finance of the City, by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any series of such bonds, to 
(a) prescribe, among other things but not limited to, the form, terms, provi- 
sions, manner or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of such bonds, and (b) do any and all things necessary, proper or expe- 
dient in connection with the issuance and sale of such bonds; providing that the 
principal amount of such revenue bonds and the interest thereon (a) shall be 
payable solely from the revenues to be received in connection with the financ- 
ing of such facilities and from any other money made available to the City for 
such purpose as provided in this Ordinance and (b) shall never constitute an in- 
debtedness or a charge against the full faith and credit or taxing powers of the 
City within the meaning of any constitutional or charter provision or statutory 
limitation and shall never constitute or give rise to any pecuniary liability of 
the City; providing that such bonds (or bond anticipation notes issued in an- 
ticipation of the issuance of such bonds) must be issued and sold within six 
months from the date this Ordinance is approved by the Mayor, unless the 



4 ORDINANCES Ord. No. 1 

Hoard of P^inance approves one six month extension as provided in this 
Ordinance; authorizing the issuance of notes in anticipation of the issuance of 
such revenue bonds; and generally providing for and determining various mat- 
ters and details in connection with the issuance and sale of such bonds and 
bond anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision), 
as amended (the "Enabling Law"), empowers Mayor and City Council of 
Baltimore (the "City") to borrow money to finance undertakings for the ac- 
complishment of any of the purposes, objects and powers of the City and in con- 
nection therewith to issue bonds, notes, or other obligations (including refunding 
bonds, notes or other obligations), all of which shall be fully negotiable, payable, 
as to both principal and interest, solely from and secured solely by a pledge of (I) 
the revenues from or arising in connection with the property, facilities, 
developments and improvements whose financing is undertaken by the issuance 
of such bonds, notes or other obligations, (II) the revenues from or arising in con- 
nection with any contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or other obligations, (III) the con- 
tracts, mortgages or other securities purchased or otherwise acquired with the 
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I), 
(II) or (III). The purposes, objects and powers of the City contemplated by the 
Enabling Law including the relief of conditions of unemployment in Baltimore 
City, encouraging the increase of industry and a balanced economy in Baltimore 
City, promoting economic development in Baltimore City, and promoting the 
health, welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated November 10, 1983 (the "Letter 
of Intent") from The William H. Whiting Company, a Maryland corporation, on 
behalf of itself or any subsidiary, affiliate or related person of The William H. 
Whiting Company (the "Borrower"), pursuant to which the Borrower has re- 
quested the City to participate in the financing of the costs of the acquisition and 
renovation by the Borrower of a certain project in Baltimore City, Maryland (the 
"Project"), by issuing and selling the City's industrial development revenue bonds 
in the aggregate principal amount not to exceed $750,000 (the "Bonds"), and by 
making the proceeds of the Bonds available to the Borrower to be used by the 
Borrower for the sole and exclusive purpose of financing the costs of acquisition 
of the Project by the Borrower. 

The Project, which is an "undertaking" which will accomplish the purposes, 
objects and powers of the City as mentioned in the Enabling Law, will consist 
generally of (a) the acquisition of a 2.0786 tract of real property known as 6701 
Moravia Park Drive, located in Baltimore City, together with a warehouse and 
office building containing 43,050 square feet located on such real property, (b) 
the renovation of such warehouse and office building to provide more efficient 
use of space for warehousing, clerical and administrative activities, and (c) the 
acquisition of machinery and equipment necessary or useful for the operation of a 
warehtjuse/distribution business. Upon completion, the Project will be owned by 
the Borrower; approximately 30,000 square feet of the warehouse and office 
buildmg will be used by or leased to The William II. Whiting Company; approx- 
imately 10,050 square feet of the warehouse and office building will be leased by 
the Borrower to a new tenant, all for use as warehouse/distribution centers. 



ORDINANCES 5 

The Enabling Law provides that the City may authorize and empower the 
Board of Finance of the City (the "Board") by resolution to determine and set 
forth the form, terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time or times of is- 
suance, and any and all other details of the Bonds and the issuance and sale 
thereof, and to do any and all things necessary, proper or expedient in connection 
with the issuance and sale of the Bonds. 

NOW THEREFORE. IN ACCORDANCE WITH THE ENABLING LAW: 



Section I.Beit ordained try Mayor and City Council of Baltimore, That acting 
pursuant to the Enabling Law, it is hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pursuant to the Enabling 
Law in order to make the proceeds thereof available to the Borrower for the sole 
and exclusive purpose of financing the costs of acquisition of the Project will 
facilitate and expedite the acquisition of the Project by the Borrower. 

(2) The acquisition of the Project by the Borrower and the financing of the 
costs of such acquisition as provided in this Ordinance will serve to promote the 
general purposes contemplated by the Enabling Law by (a) sustaining jobs and 
employment in Baltimore City; (b) promoting economic development in 
Baltimore City; and (c) encouraging the retention and increase of industry and a 
balanced economy in Baltimore City. 

(3) Any and all of the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within the meaning of Section 
7 of Article XI of the Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting or restricting the 
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds 
shall be limited obligations of the City, and shall be fully negotiable, payable, as 
to both principal and interest, solely from and secured solely by a pledge of (I) the 
revenues from or arising in connection with the Project, (II) the revenues from or 
arising in connection with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired with the proceeds 
of the Bonds, or (IV) any combination of (I), (II), or (III), all as the Board may ap- 
prove by a resolution or resolutions adopted prior to the issuance, sale and 
delivery of any of the Bonds. 

Sec. 2. And be it further ordained, That the City is hereby authorized and em- 
powered to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, its 
industrial development revenue bonds, in the aggregate principal amount not to 
exceed $750,000, subject to the provisions of this Ordinance. The proceeds of the 
Bonds will be made available to the Borrower under terms and conditions ap- 
proved by the Board and set forth in a Resolution, and used by the Borrower for 
the sole and exclusive purpose of financing the costs of the completion of the 
Project. 



8 ORDINANCES Ord. No. 1 

(d) do any and all things necessary, proper or expedient in connection with the 
issuance, sale and delivery of such bond anticipation notes. 

In accordance with the Bond Anticipation Note Enabling Legislation, the City 
hereby covenants to pay any bond anticipation notes issued pursuant to this Sec- 
tion of this Ordinance and the interest thereon from the proceeds of the Bonds in 
anticipation of the sale of which such notes are issued, and the City hereby fur- 
ther covenants to issue such Bonds, as the case may be, when, and as soon as, the 
reason for deferring the issuance of the Bonds no longer exists. The timely is- 
suance of such Bonds, however, is dependent upon matters not within the control 
of the City, including (without limitation) the existence of a purchaser or pur- 
chasers for such Bonds at the time the reason for deferring the issuance of the 
Bonds no longer exists and the effectiveness of various actions taken by the Bor- 
rower, or the Borrower's agents, officers or employees as the case may be. 

Sec. 9. And be it further ordained, That the provisions of this Ordinance are 
severable, and if any provision, sentence, clause, section or part hereof is held il- 
legal, invalid or unconstitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect 
or impair any of the remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included herein, and if the person or circumstances to 
which this Ordinance or any part hereof are inapplicable had been specifically 
exempted herefrom. 

Sec. 10. And be it further ordained, That either the Bonds or bond anticipation 
notes issued pursuant to Section 8 of this Ordinance in anticipation of the is- 
suance of the Bonds must be issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the City; provided, however, 
that the Board, after a showing of good cause at a public hearing held before the 
Board prior to or after the expiration of such six month period, may extend the 
period during which either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed six months from the date on 
which the first six month period expired. The Board, in its sole discretion, and 
without action by the City Council, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested extension of the six month 
period. If an extension is granted, notice of such extension and the reasons 
therefor must be sent to the City Council. To the extent that neither the Bonds 
nor such bond anticipation notes are issued and sold within twelve months from 
the date on which this Ordinance is approved by the Mayor of the City, the 
authority provided in this Ordinance for the City to issue and sell the Bonds and 
such bond anticipation notes shall expire. 

Sec. ll.Andbe it further ordained, That this Ordinance shall take effect from 
the date of its passage. 

Approved February 17, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 9 

No. 2 
(Council No. 19) 

AN ORDINANCE concerning 

PARKING -RESERVED 
CURLEY STREET 

FOR the purpose of providing for reserved parking on Curley Street near Fleet 
Street for Constance H. D'Amico displaying a perniit. 

Section I.Beit ordained by the Mayor and City Council of Baltimore, That on 
the east side of Curley Street, from a point 118' north of Fleet Street to point 
139' north of Fleet Street, parking is reserved for Constance H. D'Amico display- 
ing a permit. 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved February 17, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 3 
(Council No. 21) 
AN ORDINANCE concerning 

PARKING -RESERVED 
MONROE STREET 

FOR the purpose of providing for reserved parking on Monroe Street near 
McHenry Street for Chester E. Akers, Sr. displaying a permit. 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That on 
the east side of Monroe Street, from a point 34' south of McHenry Street to point 
56' south of McHenry Street, parking is reserved for Chester E. Akers, Sr. 
displaying a f)enTut. 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved February 17, 1984 

WILLIAM DONALD SCHAEFER. M,iyor. 



10 ORDINANCES Ord. No. 5 

No. 4 
(Council No. 22) 

AN ORDINANCE concerning 

PARKING-RESERVED 
SPRING STREET 

FOR the purpose of providing for reserved parking on Spring Street near BiddJe 
Street for Armstead B. Jones displaying a permit. 

Section \. Beit ordained by the Mayor and City Council of Baltimore, That on 
the west side of Spring Street, from a point 17' north of Biddle Street to point 39' 
north of Biddle Street, parking is reserved for Armstead B. Jones displaying a 
permit. 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 



Approved February 17, 1984 



WILLIAM DONALD SCHAEFER. Mayor. 



No. 5 
(Council No. 23) 
AN ORDINANCE concerning 

PARKING-RESERVED 
LYNDALE STREET 

FOR the purpose of providing for reserved parking on Lyndale Avenue near the 
alley west of Chesterfield Avenue for Edward Kastner displaying a permit. 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That on 
the north side of Lyndale Avenue, from a point 157' west of the alley west of 
Chesterfield Avenue to a point 179' west of the alley west of Chesterfield 
Avenue, parking is reserved for Edward Kastner displaying a permit. 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved February 17, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 11 

No. 6 
(Council No. 43) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS - 
(L U I -LAMINATES UNLIMITED, INC. PROJECT) 

FOR the purpose of authorizing and empowering Mayor and City Council of 
Baltimore to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, 
its industrial development revenue bonds, in the aggregate principal amount 
not to exceed $700,000, pursuant to the provisions of Sub-section (50) of Arti- 
cle II of the Charter of Baltimore City (1964 Revision), as amended, for the 
sole and exclusive purpose of financing the costs of the completion by 
L U I -Laminates Unlimited, Inc., a Maryland corporation, of a certain proj- 
ect in Baltimore City consisting of the acquisition of certain computers and 
furniture manufacturing machinery and equipment, including, but not limited 
to, saws, tables, drills, and conveyors, and the installation thereof in a new 
building to be constructed on a tract of land located at 5400 East Lombard 
Street adjacent to Bayview Industrial Park in Baltimore City to be owned by 
L U I - Laminates Unlimited, Inc. for use in connection with the manufacture 
of furniture; authorizing the Mayor of the City, on behalf of the City, to accept 
the letter of intent dated December 1, 1983 from L U I -Laminates Unlimited, 
Inc. to the City; making certain legislative findings; authorizing and empower- 
ing the Board of Finance of the City, by a resolution or resolutions adopted 
prior to the issuance, sale and delivery of any series of such bonds, to (a) 
prescribe, among other things but not limited to, the form, terms, provisions, 
manner or method of issuing and selling (including negotiated as well as com- 
petitive bid sale), and the time or times of issuance, and any and all other 
details of such bonds, and (b) do any and all things necessary, proper or expedi- 
ent in connection with the issuance and sale of such bonds; providing that 
L U I -Laminates Unlimited, Inc. shall agree to submit any plans and 
specifications to, and to coordinate with, the Department of Housing and Com- 
munity Development in connection with the completion of such project; pro- 
viding that such bonds (or bond anticipation notes issued in anticipation of the 
issuance of such bonds) must be issued and sold within six months from the ' 
date this Ordinance is approved by the Mayor, unless the Board of Finance ap- 
proves one six month extension as provided in this Ordinance; authorizing the 
issuance of notes in anticipation of the issuance of such revenue bonds; artd 
generally providing for and determining various matters and details in connec- 
tion with the issuance and sale of such bonds and bond anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision), 
as amended (the "Enabling Law"), empowers Mayor and City Council of 
Baltimore (the "City") to borrow money to finance undertakings for the ac- 
complishment of any of the purposes, objects and powers of the City and in con- 
nection therewith to issue bonds, notes, or other obligations (including refunding 



12 ORDINANCES Ord. No. 6 

bonds, notes or other obligations), all of which shall be fully negotiable, payable, 
as to both principal and interest, solely from and secured solely by a pledge of (I) 
the revenues from or arising in connection with the property, facilities, 
developments and improvements whose financing is undertaken by the issuance 
of such bonds, notes or other obligations, (II) the revenues from or arising in con- 
nection with any contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or other obligations, (III) the con- 
tracts, mortgages or other securities purchased or otherwise acquired with the 
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I), 
(II) or (III). The purposes, objects and powers of the City contemplated by the 
Enabling Law include the relief of conditions of unemployment in Baltimore 
City, encouraging the increase of industry and a balanced economy in Baltimore 
City, promoting economic development in Baltimore City, and promoting the 
health, welfare and seifety of the residents of Baltimore City. 

The City has received a letter of intent dated December 1, 1983 (the "Letter of 
Intent") from L U I -Laminates Unlimited, Inc., a Maryland corporation (the 
"Borrower"), pursuant to which the Borrower has requested the City to par- 
ticipate in the financing of the costs of the completion by the Borrower of a cer- 
tain project in Baltimore City, Maryland (the "Project"), by issuing and selling 
the City's industrial development revenue bonds in the aggregate principal 
amount not to exceed $700,000 (the "Bonds"), and by making the proceeds of the 
Bonds available to the Borrower to be used by the Borrower for the sole and ex- 
clusive purpose of financing the costs of the completion of the Project by the 
Borrower, 

The Baltimore City Council adopted a Resolution on December 12, 1983 (the 
"Resolution") and therein stated the present intention of the Baltimore City 
Council to participate in the financing of the acquisition of the Project. The 
Resolution provided that upon the execution and delivery of the Letter of Intent 
by the Mayor of the City, the Resolution would indicate the present intent of the 
City to provide assistance in such financing in an amount not to exceed $700,000, 
by authorizing the issuance, sale and delivery of its Bonds pursuant to the En- 
abling Law and by lending the proceeds thereof to the Applicant for the purpose 
of financing the acquisition of the Project, directly or by reimbursement, and 
paying the necessary expenses of preparing, printing and selling the Bonds, and 
any other costs permitted by the Enabling Law, all in accordance with the En- 
abling Law. On December 14, 1983, the Mayor of the City accepted, executed 
and delivered the Letter of Intent. 

The Project, which is an "undertaking" which will accomplish the purposes, ob- 
jects and powers of the City as mentioned in the Enabling Law, will consist 
generally of the purchase of certain computers and furniture manufacturing 
machinery and equipment, including but not limited to, saws, tables, drills, and 
conveyors, and the installation thereof in a new building to be constructed on a 
tract of land located at 5400 East Lombard Street adjacent to Bayview In- 
dustrial Park in Baltimore City. Upon completion, the Project will be owned by 
the Borrower for use in connection with the manufacture of furniture. 

The Enabling Law provides that the City may authorize and empower the 
Board of Finance of the City (the "Board") by resolution to determine and set 



ORDINANCES 13 

forth the form, terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time or times of is- 
suance, and any and all other details of the Bonds and the issuance and sale 
thereof, and to do any and all things necessary, proper or expedient in connection 
with the issuance and sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW: 

Section I.Beit ordained by Mayor and City Council of Baltimore, That acting 
pursuant to the Enabling Law, it is hereby found and determined as follows: 

(1) The Resolution as adopted by the Baltimore City Council is confirmed and 
the intent of the City to assist in the financing of the Project as evidenced by the 
Resolution and by the execution and delivery of the Letter of Intent by the 
Mayor of the City is confirmed. 

(2) The issuance and sale of the Bonds by the City pursuant to the Enabling 
Law in order to make the proceeds thereof available to the Borrower for the sole 
and exclusive purpose of financing the costs of completion of the Project will 
facilitate and expedite the completion of the Project by the Borrower. 

(3) The completion of the Project by the Borrower and the financing of the 
costs of such completion as provided in this Ordinance will serve to promote the 
general purposes contemplated by the Enabling Law by (a) sustaining jobs and 
employment in Baltimore City; (b) promoting economic development in 
Baltimore City; (c) encouraging the increase of industry and a balanced economy 
in Baltimore City; and (d) will enable the Borrower to maintain its manufacturing 
operations in the City. 

(4) Any and all of the Bonds shall not be general ooligations of the City and 
shall not be a pledge of or involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within the meaning of Section 
7 of Article XI of the Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting or restricting the 
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds 
shall be linuted obligations of the City, and shall be fully negotiable, payable, as 
to both principal and interest, solely from and seciu-ed solely by a pledge of (I) the 
revenues from or arising in connection with the Project, (II) the revenues from or 
arising in connection with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired with the proceeds 
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap- 
prove by a resolution or resolutions adopted prior to the issuance, sale and 
delivery of any of the Bonds. 

Sec. 2. And be it further ordained, That the City is hereby authorized and em- 
powered to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, its 
industrial development revenue bonds, in the aggregate principal amount not to 
exceed $700,000, subject to the provisions of this Ordinance. The proceeds of the 
Bonds will be made available to the Borrower under terms and conditions ap- 



14 ORDINANCES Ord. No. 6 

proved by the Board and set forth in a Resolution, and used by the Borrower for the 
sole and exclusive purpose of financing the costs of the completion of the Project. 

Sec. 3. And be it further ordained, That this Ordinance constitutes the present 
intent of the City to issue the Bonds, and the acceptance by the Mayor of the City 
of the Letter of Intent on behalf of the City is hereby ratified in order to further 
evidence the present intent of the City to issue the Bonds in accordance with the 
ternns and provisions of this Ordinance. 

Sec. 4. And be it further ordained, That, as perniitted by the Enabling Law, 
the board is hereby authorized and empowered, by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of the Bonds, to: 

(a) prescribe, among other things but not limited to, the form, terms, provi- 
sions, manner or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of the Bonds and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of the security 
described in Section 5 of this Ordinance, pursuant to a trust agreement or similar 
agreement, (ii) the form of any such trust agreement or similar agreement, as 
provided in the Enabling Law, and (iii) such provisions in any such trust agree- 
ment or similar agreement as the Board may deem reasonable and proper for the 
security of the holders of the Bonds; 

(c) approve the terms and conditions, including but not limited to the terms and 
conditions of any documents to be executed and delivered by the City (other than 
customary financing statements and closing certificates), under which the pro- 
ceeds of the Bonds will be made available to the Borrower to finance the costs of 
the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in connection with the 
issuance, sale and delivery of the Bonds. 

Sec. 5. And be it further ordained, That any and all of the Bonds shall not be 
general obligations of the City and shall not be a pledge of or involve the faith 
and credit or the taxing power of the City, and shall not constitute a debt of the 
City, all within the meaning of Section 7 of Article XI of the Constitution of 
Maryland or any other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other obligations of the City. 
All of the Bonds shall be limited obligations of the City, and shall be fully 
negotiable, payable, as to both principal and interest, solely from and secured 
solely by a pledge of (I) the revenues from or arising in connection with the Proj- 
ect, (II) the revenues from or arising in connection with any contracts, mortgages 
or other securities purchased or otherwise acquired with the proceeds of the 
Bonds, (III) the contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, or (IV) any combination of (I), (II) or 
(III), all as the Board may approve by a resolution or resolutions adopted prior to 
the issuance, sale and delivery of any of the Bonds. 



ORDINANCES 15 

Sec. 6. And be it further ordained, That the Borrower shall agree that: 

(a) it will submit any plans and specifications for the Project to the Department 
of Housing and Community Development for approval, and that the Department 
of Housing and Community Development may refuse approval of any plans and 
specifications for aesthetic or functional reasons; and 

(b) if applicable, it and its developers will work with the design advisory group 
appointed by the Department of Housing and Community Development in order 
to achieve high quality site, building, and landscape design. 

Sec. 1. And be it further ordained, That any and all of the Bonds shall be ex- 
ecuted in the name of the City and on its behalf by the Mayor of the City, by his 
manual or facsimile signature, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal, by his manual signature. Any trust agreement or 
other documents as the Board shall deem necessary to effectuate the issuance, 
sale and delivery of the Bonds shall be executed in the name of the City and on its 
behalf by the Mayor of the City by his manual or facsimile signature, and the cor- 
porate seal of the City or a facsimile thereof shall be impressed or otherwise 
reproduced thereon and attested by the Custodian of the City Seal by his manual 
signature. In case any officer whose signature or a facsimile of whose signature 
shall appear on the Bonds or any of the aforesaid documents shall cease to be 
such officer before the delivery of the Bonds or any of the other aforesaid 
documents, such signature or such facsimile shall nevertheless be valid and suffi- 
cient for all purposes, the same as if such officer had remained in office until 
delivery. The Mayor of the City, the Director of Finance of the City, the Custo- 
dian of the City Seal and other officials of the City are hereby authorized and em- 
powered to do all such acts and things and execute such documents and cer- 
tificates as the Board may determine by resolution to be necessary to carry out 
and comply with the provisions hereof. 

Sec. 8. And be it further ordained, That any and all necessary financing 
statements required for the consummation of the transactions authorized by this 
Ordinance may be executed on behalf of the City by the Mayor of the City or by 
the Chief, Bureau of Treasury Management of the City or by such other ap- 
propriate official of the City as may be designated by the Mayor of the City to ex- 
ecute such financing statements. 

Sec. 9. And be it further ordained. That the authority to issue the Bonds is in- 
tended and shall be deemed to include the authority to issue bond anticipation 
notes pursuant to Section 12 of Article 31 of the Annotated Code of Maryland 
(1983 Replacement Volume), as amended (the "Bond Anticipation Note Enabling 
Legislation"). Reference in this Ordinance to the "Bonds" shall include such bond 
anticipation notes where appropriate. Prior to the issuance, sale and delivery of 
any series of bond anticipation notes, the Board shall adopt a resolution or resolu- 
tions, to: 

(a) prescribe, among other things but not limited to, the form, terms, provi- 
sions, manner or method of issuing and selling (including negotiated as well as 



16 ORDINANCES Ord. No. 6 

competitive bid sale), and the time or times of issuance, and any and all other 
details of such bond anticipation notes and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of the security 
described in Section 5 of this Ordinance, pursuant to a trust agreement or similar 
agreement, (ii) the form of any such trust agreement or similar agreement, as 
provided in the Enabling Law, and (iii) such provisions in any such trust agree- 
ment or similar agreement as the Board may deem reasonable and proper for the 
security of the holders of such bond anticipation notes; 

(c) approve the terms and conditions, including but not limited to the terms and 
conditions of any documents to be executed and delivered by the City (other than 
customary financing statements and closing certificates), under which the pro- 
ceeds of such bond anticipation notes will be made available to the Borrower to 
finance the costs of the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in connection with the 
issuance, sale and delivery of such bond anticipation notes. 

In accordance with the Bond Anticipation Note Enabling Legislation, the City 
hereby convenants to pay any bond anticipation notes issued pursuant to this 
Section of this Ordinance and the interest thereon from the proceeds of the 
Bonds in anticipation of the sale of which such notes are issued, and the City 
hereby further covenants to issue such Bonds, as the case may be, when, and as 
soon as, the reason for deferring the issuance of the Bonds no longer exists. The 
timely issuance of such Bonds, however, is dependent upon matters not within 
the control of the City, including (without limitation) the existence of a purchaser 
or purchasers for such Bonds at the time the reason for deferring the issuance of 
the Bonds no longer exists and the effectiveness of various actions taken by the 
Borrower, its officers, agents and employees. 

Sec. 10. And be it further ordained, That the provisions of this Ordinance are 
severable, and if any provision, sentence, clause, section or part hereof is held il- 
legal, invalid or unconstitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect 
or impair any of the remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included herein, and if the person or circumstances to 
which this Ordinance or any part hereof are inapplicable had been specifically ex- 
empted herefrom. 

Sec. 1 1 . And be it further ordained, That either the Bonds or bond anticipation 
notes issued pursuant to Section 9 of this Ordinance in anticipation of the is- 
suance of the Bonds must be issued and sold within sbc months from the date on 
which this Ordinance is approved by the Mayor of the City; provided, however, 
that the Board, after a shov^ing of good cause at a public hearing held before the 
Board prior to or after the expiration of such six month period, may extend the 
period during which either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed six months from the date oa 



ORDINANCES 17 

which the first six month period expired. The Board, in its sole discretion, and 
without action by the City Council, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested extension of the six month 
period. If an extension is granted, notice of such extension and the reasons 
therefor must be sent to the City Council. To the extent that neither the Bonds 
nor such bond anticipation notes are issued and sold within twelve months from 
the date on which this Ordinance is approved by the Mayor of the City, the 
authority provided in this Ordinance for the City to issue and sell the Bonds and 
such bond anticipation notes shall expire. 

Sec. 12. And be it further ordained, That this Ordinance shall take effect from 
the date of its passage. 



Approved February 17, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 7 
(Council No. 63) 



AN ORDINANCE concerning 



PARKING -RESERVED 
SPAULDING AVENUE 

FOR the purpose of providing for reserved parking on the north side of Spauld- 
ing Avenue near Queensberry Avenue for Ralph Wright displaying a permit. 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That on 
the north side of Spaulding Avenue, from a ix)int 121' west of Queensberry 
Avenue to a point 141' west of Queensberry Avenue, parking is reserved for 
Ralph Wright displaying a permit. 

Sec. 2. And be it further ordained. That this ordinance shall take effect from 
the date of its passage. 

Approved February 17, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



18 ORDINANCES Ord. No. 9 

No. 8 
(Council No. 24) 

AN ORDINANCE concerning 

IMPOUNDING AREA -REDWOOD STREET 

FOR the purpose of designating the north side of Redwood Street, between 
Charles Street and Light Street, as an impounding area. 

BY adding 

Article 31 -Transit and Traffic 

Section 118(1) 

Baltimore City Code (1983 Replacement Volume) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added, 
repealed, or amended to read as follows: 

ARTICLE 31 -TRANSIT AND TRAFFIC 

Impounding Areas 
118. R. Streets. 
(1) Redwood Street, north side, from Charles Street to Light Street. 

Sec. 2. And he it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved February 23, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 9 
(Council No. 97) 



AN ORDINANCE concerning 



SUPPLEMENTARY APPROPRIATION -DEPARTMENT OF HOUSING 
AND COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementary special fund appropriation in the 
amount of Seventeen Million Three Hundred Eighteen Thousand Seven Hun- 
dred Dollars ($17,318,700) to the Department of Housing and Community 
Development to be used for carrying out capital improvements included in the 
Federal Community Development Block Grant Program for Baltimore City 
(Year X). 



ORDINANCES 19 

BY authority of 

Article VI -Board of Estimates 

Section 2(hX2) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the entitlement application by Baltimore City for a Community 
Development Block Grant from the U.S. Department of Housing and Urban 
Development for the Grant Year X beginning January 1, 1984 proposes funding 
of $12,073,300 for operating activities and $17,318,700 for capital im- 
provements; and 

Whereas, it is intended that the aforementioned $12,073,300 for operating ac- 
tivities will be made available in the fiscal 1985 Ordinance of Estimates in 
amounts to City Agencies as follows: $6,410,200 to the Department of Housing 
and Community Development; $406,300 to the Department of Planning; and 
$5,256,800 to the Urban Services Agency; and 

Whereas, it is intended that the aforementioned $17,318,700 for capital im- 
provements will be made available to the Department of Housing and Communi- 
ty Development by supplementary appropriation ordinance; and 

Whereas, the money appropriated herein represents a grant from a public 
source which could not be expected with reasonable certainty at the time of for- 
mulation of the fiscal 1984 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation ordained herein has 
been recommended to the City Council by the Board of Estimates, the said 
recommendation having been made at a regular meeting of said Board held on 
the 18th day of January, 1984, all in accordance with Article VI, Section 2(hX2) of 
the Baltimore City Charter (1964 Revision as amended). 

Section 1. Be it further ordained by the Mayor and City Council of Baltimore, 
That under the provisions of Article VI, Section 2(hX2) of the 1964 revision of the 
Charter of Baltimore City, the sum of Seventeen Million Three Hundred Eight- 
een Thousand Seven Hundred Dollars ($17,318,700) shall be made available to 
the Department of Housing and Communit>' Development of the City of 
Baltimore as a supplementary special fund appropriation for the fiscal year end- 
ing June 30, 1984 for the purpose of carrying out capital improvements included 
in the Federal Community Development Block Grant Program for Baltimore 
City (Year X), provided that said improvements shall consist of the following 
named projects: 

Barclay $ 195,400 

Coldstream-Homestead-Montebello 104,000 

Coldspring 60,000 

Communities to Impr Life 16,300 

Druid Heights 251,500 

East Baltimore Midway 24,800 

Emergency Demolition 100,000 

Fells Point 234,500 

Franklin Square 21,300 

Gay Street I 35,000 



20 ORDINANCES Ord. No. 9 

Govans $ 402,600 

Greenmount West 433,000 

Harlem Park II 556,300 

Inner Harbor East 75,200 

Inner Harbor I 85,000 

Inner Harbor West 895,000 

Johnston Square 128,500 

Jonestown 358,200 

Loft District 400,000 

Market Center 2,059,700 

Midtown Belvedere 105,000 

Middle East 558,400 

Mondawmin 51,300 

Mount Clare 50,200 

Municipal Center 202,500 

Neighborhood Housing Services 150,000 

Oldtown 44,600 

Oliver 365,600 

Park Heights 28,300 

Patterson Park 132,000 

Penn North 142,700 

Poppleton 606,800 

Pratt-Monroe 200,000 

Relocation and Property Management 1 ,300,000 

Reservoir Hill 187,300 

Ridgely's Delight 525,000 

Rosemont 43,400 

Sandtown-Winchester 219,800 

Sharp-Leadenhall 129,600 

Upton 493,100 

Washington Hill-Chapel 584.300 

, Washington Village 73,900 

Washington Coldspring Transit Station 4 1 ,600 

Rehabilitation Aid 2,300,000 

Economic Development (HCD) 1 ,450,000 

Special Projects for Neighborhoods 397,000 

Economic Development (Education) 500,000 

The amount thu? made available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and City Council of 
Baltimore by the U.S. Department of Housing and Urban Development under 
Title I of the Housing and Community Development Act of 1974 as amended; 
said sum being specifically allotted to the Mayor and City Council for the 
aforesaid purpose; and said funds from said U.S. Department of Housing and Ur- 
ban Development shall be the source of revenue for this supplementary special 
fund appropriation, as required by Article VI, Section 2 of the Baltimore City 
Charter (1964 Revision as amended). 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved February 23, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 21 

No. 10 
(Council No. 67) 

AN ORDINANCE concerning 

ELECTRICAL LICENSING 

FOR the purpose of allowing a delay of 60 days in the renewal of certain elec- 
trical licenses before requiring a reexamination of the applicant. 

BY repealing and reordaining with amendments 
Article 13 -Housing and Urban Renewal 
Subtitle - Board of Electrical Examiners and Supervisors 
Section 79(d) 
Baltimore City Code (1983 Replacement Volume) 

Section, 1. Be it ordained by the Mayor and City Council of Baltimore, That 
section(s) of the Baltimore City Code (1983 Replacement Volume) be added, 
repealed, or amended to read as follows: 

ARTICLE 13 -HOUSING AND URBAN RENEWAL 

Board of Electrical Examiners and Supervisors 

79. Licenses. 

(d) All licenses expire as of January 1 of each year, and are subject to a renewal 
fee. Any person, firm or corporation who desires to renew a license after the ex- 
piration date but prior to March 1 unll be subject to a payment of a deliquent 
DELINQUENT fee of ^ $35. Any person, firm or corporation who fails to 
renew a license by March 1 of any year shall be treated as a new applicant and 
u/ill be subjected to the same exam as new applicants and be required to pay the 
same fees. ANY PERSON, FIRM, OR CORPORATION WHICH RENEWS ITS 
LICENSE BETWEEN JANUARY 1, 198J, AND MARCH 1, 1984 SHALL NOT 
BE SUBJECT TO A RENEWAL FEE AND SHALL NOT BE REQUIRED TO 
TAKE THE SAME EXAMINATION AS A NEW APPLICANT 

Sec. 2. And be it further ordained, That this ordinance shall take effect 
D e c e mb er 1, 19 6 3 MARCH 1, 1984. 

Approved February 28, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



22 ORDINANCES Ord. No. 11 

No. 11 
(Council No. 2) 
AN ORDINANCE concerning 

ZONING -APPROVAL FOR CONDITIONAL USE 
HOME FOR THE HOMELESS 

FOR the purpose of granting permission for the estabUshment, maintenance and 
operation of a home for homeless persons on the property known as 709-11 
E. Eager Street, as outlined in red on the pkt^ AMENDED PLAT accom- 
panying this ordinance. 

By authority of 
Article 30 -Zoning 
Sections 6.3-ld and 11.0-6d 
Baltimore City Code (1983 Replacement Volume) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
permission is hereby granted for the establishment, maintenance and operation 
of a home for homeless persons on the property known as 709-11 E. Eager Street 
as outlined in red on the pktta AMENDED PLATS accompanying this ordinance, 
under the provisions of Sections 6.3-ld and 1 1 .0-6d of Article 30 of the Baltimore 
City Code (1983 Replacement Volume) title "Zoning". 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the AMENDED plat which is a 
part hereof and in order to give notice to the departments which are administer- 
ing the Zoning Ordinance, the President of the City Council shall sign the 
AMENDED plat and when the Mayor approves the ordinance, he shall sign the 
AMENDED plat. The Director of Finance shall then transmit a copy of the or- 
dinance and one of the AMENDED plats to the follow^' ^: the Board of Municipal 
and Zoning Appeals, the Planning Commission, the \. ..jnissioner of the Depart- 
ment of Housing and Community Development and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved February 29, 1984 

WILLIAM DONALD SCHAEFER. May„r. 



ORDINANCES 23 

No. 12 
(Council No. 4) 

AN ORDINANCE concerning 

ZONING -UTILITY AND TRANSPORTATION 
USES IN Ml DISTRICTS 

FOR the purpose of adding to the list of permitted uses in the M-1 District cer- 
tain public utility s e rvic e s and transportation uses. 

BY adding to 

Article 30 -Zoning 

Chapter 7 -Industrial Districts 

Section 7.1 -1-87A 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1976 Edition, as amended) be added, 
repealed, or amended, to read as follows: 

ARTICLE 30 -ZONING 

Chapter 7 -Industrial Districts 
7.1 M-1 Industrial District. 
7.1-1 Use regulations, 
b. Permitted uses. 
87A. Public utility se r vices and transportation uses, as follows: 

(a) Bus and transit passenger stations and terminals 

(b) Garages and lots for bus and transit vehicles 

Sec. 2. And be it further ordained, That ordinance shall take effect thirty days 
from the date of its passage. 

Approved February 29, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



24 ORDINANCES Ord. No. 13 

No. 13 

(Council No. 15) 

AN ORDINANCE concerning 

CITY PROPERIT-SALE 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to sell 
at either public or private sale all of the interest of the Mayor and City Council 
of Baltimore in and to a certain parcel of land located at 3600 West Franklin 
Street, Baltimore, Maryland, said parcel of land being no longer needed for 
public use. 

BY authority of 

Article V- Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
the Comptroller of Baltimore City be and he is hereby authorized to sell at either 
public or private sale in accordance with Article V, Section 5(b) of the City 
Charter, all of the interest of the Mayor and City Council of Baltimore in and to 
that parcel of land situate in Baltimore, Maryland, and described as follows: 

3600 WEST FRANKLIN STREET 

Beginning for the same on the North side of West Franklin Street, 60 feet 
wide, and the East side of an alley, 15 feet wide, running thence and binding 
on the East side of said alley North 2 degrees 21 minutes 15 seconds West 
269.67 feet to the South side of another alley, 15 feet wide there situate, 
thence binding on the South side of said alley North 87 degrees 21 minutes 45 
seconds East 228.95 feet to the West side of Grantley Street, 66 feet wide, 
thence across said Grantley Street North 87 degrees 21 minutes 45 seconds 
East 66.00 feet to the East side of said Grantley Street, thence binding on the 
East side of said Grantley Street North 2 degrees 21 minutes 15 seconds West 
1 1.33 feet to the South side of an alley 12.67 feet wide, thence binding on the 
South side of said alley North 87 degrees 21 minutes 45 seconds East 77.95 
feet to the West side of another alley, 15 feet wide there situate, thence bind- 
ing on the West side of said alley South 2 degrees 44 minutes 45 seconds East 
281.00 feet to the North side of West Franklin Street, firstly herein referred 
to, (the last 75 feet of this line the alley becomes 10 feet wide) thence binding 
on the North side of said West Franklin Street South 87 degrees 21 minutes 
45 seconds West 79.87 feet to intersect the northeast corner of West Franklin 
and Grantley Streets, herein referred to, thence across said Grantley Street 
South 87 degrees 21 minutes 45 seconds West 66.00 feet to the West of said 
Grantley Street, thence across said West Franklin Street South 2 degrees 21 
minutes 15 seconds East 60.00 feet to the South side of West Franklin Street, 
thence binding on the South side of said West Franklin Street, now closed by 
City ordinance, South 87 degrees 21 minutes 45 seconds West 228.95 feet, 
thence across West Franklin Street North 2 degrees 21 minutes 15 seconds 
West 60.00 feet to the place of beginning. 



ORDINANCES 25 

Containing 2.6504 acres of land more or less. 

All courses and distances in the above description are referred to the true meri- 
dian as adopted by the Baltimore Survey Control System. 

Said property being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds shall pass in accordance 
herewith until the same shall have been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved March 9, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 14 
(Council No. 25) 

AN ORDINANCE concerning 

CITY STREET -OPENING CERTAIN STREETS AND 

ALLEYS OR PORTIONS THEREOF IN THE BROOKLYN BUSINESS 

AREA URBAN RENEWAL PROJECT. 

FOR the purpose of condemning and opening certain streets and alleys or 
portions thereof lying within the area of the Brooklyn Business Area Urban 
Renewal Project in accordance with a plat thereof numbered 343-A-12, 
prepared by the Surveys and Records Division and filed in the Office of the 
Department of Public Works, on the First (1st) day of November, 1983. 

BY authority of 

Article I -General Provisions 

Section -4 

Article II -General Provisions 

Sections -2, 34, 35 

Baltimore City Charter (1964 Revision, as amended). 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
the Department of Public Works, be and they are hereby authorized and directed 
to condemn and open certains streets and alleys or portions thereof lying within 
the area of the Brooklyn Business Area Urban Renewal Project the streets 
hereby directed to be condemned for said opening being described as follows: 

Beginning for Parcel No. 1 at a point on the northeast side of Marsden 
Court, as now laid out, distant 117 feet northwesterly measured along the 
northeast side of said Marsden Court from the northwest side of Hanover 
Street, 70 feet wide, said point of beginning being on the northwest side of 



26 ORDINANCES Ord. No. 14 

Thelma Lane, 17 feet wide, and running thence binding on the northwest side 
of said Thelma Lane, Southwesterly 11 feet, more or less, to intersect the 
southwest side of said Marsden Court; thence binding on the southwest side of 
said Marsden Court, Northwesterly 197 feet, more or less, to the northwest- 
ernmost extrenuty of said Marsden Court; thence binding on the northwest- 
ernmost extremity of said Marsden Court, Northeasterly 11 feet, more or less, 
to the northeast side of said Marsden Court, and thence binding on the north- 
east side of said Marsden Court, Southeasterly 198 feet, more or less, to the 
place of beginning. 

Beginning for Parcel No. 2 at the point formed by the intersection of the 
southwest side of Pontiac Avenue, 1 1 feet wide and the southeast side of Potee 
Street, 85 feet wide, and running thence binding on the southeast side of said 
Potee Street, Northeasterly 1 1 feet, more or less, to intersect the northeast 
side of said Pontiac Avenue; thence binding on the northeast side of said Pon- 
tiac Avenue, Southeasterly 218 feet, more or less, to intersect the northwest 
side of Thelma Lane, 17 feet wide; thence binding on the northwest side of said 
Thelma Lane, Southwesterly 11 feet, more or less, to intersect the southwest 
side of said Pontiac Avenue, and thence binding on the southwest side of said 
Pontiac Avenue, Northwesterly 218 feet, more or less, to the place of begin- 
ning. 

the said streets as directed to be condemned being more particularly described 
and referred to among the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 343-A-12 which was filed in the Office of 
the Department of Public Works on the First (1st) day of the November, in the 
year 1983 and is now on file in said Office. 

Sec. 2. And be it further ordained, That the proceedings of said Department of 
Public Works, with reference to the condemnation and opening of said streets 
and the proceedings and rights of all parties interested or affected thereby, shall 
be regulated by, and be in accordance with, any and all applicable provisions of 
Article 4 of the Code of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision) as amended to July 1, 1973 and any and all 
amendments thereto, and any and all other Acts of the General Assembly of 
Maryland, and any and all ordinances of the Mayor and City Council of 
Baltimore, and any and all rules or regulations in effect which have been adopted 
by the Director of Public Works and filed with the Department of Legislative 
Reference. 

Sec. 3. And be it further cyrdained, That this Ordinance shall take effect from 
the date of its passage. 

Approved March 9, 1984 

WILLIAM DONALD SCHAEFER, Mayur. 



ORDINANCES 27 

No. 15 
(Council No. 26) 

AN ORDINANCE concerning 

CITY STREET-CLOSING CERTAIN STREETS AND 

ALLEYS OR PORTIONS THEREOF IN THE BROOKLYN BUSINESS 

AREA URBAN RENEWAL PROJECT. 

FOR the purpose of condemning and closing certain streets and alleys or 
portions thereof lying within the area of the Brooklyn Business Area Urban 
Renewal Project in accordance with a plat thereof numbered 343-A-12A, 
prepared by the Surveys and Records Division and filed in the Office of the 
Department of Public Works, on the First (1st) day of November, 1983. 

BY authority of 

Article I -General Provisions 

Section -4 

Article II -General Provisions 

Sections -2, 34, 35 

Baltimore City Charter (1964 Revision, as amended). 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
the Department of Public Works, be and they are hereby authorized and directed 
to condemn and close certain streets and alleys or portions thereof lying within 
the area of the Brooklyn Business Area Urban Renewal Project the streets 
hereby directed to be condemned for said opening CLOSING being described as 
follows: 

Beginning for Parcel No. 1 at a point on the northeast side of Marsden 
Court, as now laid out, distant 117 feet northwesterly measured along the 
northeast side of said Marsden Court from the northwest side of Hanover 
Street, 70 feet wide, said point of beginning being on the northwest side of 
Thelma Lane, 17 feet wide, and running thence binding on the northwest side 
of said Thelma Lane, Southwesterly 11 feet, more or less, to intersect the 
southwest side of said Marsden Court; thence binding on the southwest side of 
said Marsden Court, Northwesterly 197 feet, more or less, to the north- 
westernmost extremity of said Marsden Court; thence binding on the north- 
westernmost extremity of said Marsden Court, Northeasterly 1 1 feet, more or 
less, to the northeast side of said Marsden Court, and thence binding on the 
northeast side of said Marsden Court, Southeasterly 198 feet, more or less, to 
the place of beginning. 

Beginning for Parcel No. 2 at the point formed by the intersection of the 
southwest side of Pontiac Avenue, 1 1 feet wide and the southeast side of Potee 
Street, 85 feet wide, and running thence binding on the southeast side of said 
Potee Street, Northeasterly 1 1 feet, more or less, to intersect the northeast 
side of said Pontiac Avenue; thence binding on the northeast side of said Pon- 
tiac Avenue, Southeasterly 218 feet, more or less, to intersect the northwest 
side of Thelma Lane, 17 feet wide; thence binding on the northwest side of said 



28 ORDINANCES Ord. No. 15 

Thelma Lane, Southwesterly 11 feet, more or less, to intersect the southwest 
side of said Pontiac Avenue, and thence binding on the southwest side of said 
Pontiac Avenue, Northwesterly 218 feet, more or less, to the place of begin- 
ning. 

the said streets as directed to be condemned being more particularly described 
and referred to among the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 343- A- 12 A which was filed in the Office of 
the Department of Public Works on the First (1st) day of the November, in the 
year 1983 and is now on file in said Office. 

Sec. 2. And be it further ordained, That after said highway or highways shall 
have been closed under the provisions of this Ordinance, all subsurface struc- 
tures and appurtenances now owned by the Mayor and City Council of Baltimore, 
shall be and continue to be the property of the Mayor and City Council of 
Baltimore, in fee simple, until the use thereof shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event that any person, firm or corpora- 
tion shall desire to remove, alter or interfere therewith, such person, firm or cor- 
poration shall first obtain permission and permits therefor from the Mayor and 
City Council of Baltimore, and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind and nature made 
necessary by such removal, alteration or interference. 

Sec. 3. And be it further ordained, That no building BUILDINGS or structures 
of any kind shall be constructed or erected in said portion of said highway or 
highways after the same shall have been closed under the provisions of this Or- 
dinance until the subsurface STRUCTURES and appurtenances now owned by 
the Mayor and City Council of Baltimore, over which said buildings or structures 
are proposed to be constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the specifications and under 
the direction of the Director of Public Works of Baltimore City, and at the ex- 
pense of the person or persons or body corporate desiring to erect such building 
BUILDINGS or structures. Railroad tracks shall be taken to be "structures" 
within the meaning of this section. 

Sec. 4. And be it further ordained, That after said highway or highways shall 
have been closed under the provisions of this Ordinance, all subsurface struc- 
tures and appurtenances owned by any person, firm or corporation, other than 
the Mayor and City Council of Baltimore, shall upon notice from the Director of 
Public Works of Baltimore City, be promptly removed by and at the expense of 
the said owners. 

Sec. 5. And be it further ordained, That on and after the closing of said 
highway or highways, the said Mayor and City Council of Baltimore, acting 
thorough its duly authorized representatives, shall, at all times, have access to 
said property and to all subsurface structures and appurtenances used by it 
therein, for the purposes of inspection, maintenance, repair, alteration, reloca- 
tion and/or replacement, of any or all of said structures and appurtenances, and 
this without permission from or compensation to the owner or owners of said 
land. 



ORDINANCES 29 

Sec. 6. Aiui be it further ordained, That the proceedings of said Department of 
Pubhc works with reference to the condemnation and closing of said streets and 
the proceedings and rights of all parties interested or affected thereby, shall be 
regulated by, and be in accordance with, any and all applicable provisions of Arti- 
cle 4 of the Code of Public Local Laws of Maryland and the Charter of Baltimore 
City (1964 Revision) as amended to July 1, 1973 and any and all amendments 
thereto, and any and all other Acts of the General Assembly of Maryland, and 
any and all ordinances of the Mayor and City Council of Baltimore, and any and 
all rules or regulations in effect which have been adopted by the Director of 
Public Works and filed with the Department of Legislative Reference. 

Sec. 7. And be it further ordained, That this Ordinance shall take effect from 
the date of its passage. ' 

Approved March 9, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 16 
(Council No. 72) 

AN ORDINANCE concerning 

PENALTY INTEREST RATES 

FOR the purpose of increasing the interest rate from one-half of one percent per 
month to one percent per month or any fraction thereof, for the non-payment 
of the fuel oil tax, hotel room tax and the parking lot tax. 

BY repealing and reordaining with amendments 
Article 28 -Taxes 
Subtitle -Fuel Taxes 
Section 24(f) 
Baltimore City Code (1983 Replacement Volume) 

Article 28 -Taxes 

Subtitle -Hotel Room Tax 

Section 39 

Baltimore City Code (1983 Replacement Volume) 

Article 28 -Taxes 

Subtitle -Parking Tax 

Section 73(f) 

Baltimore City Code (1983 Replacement Volume) 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added, 
repealed, or amended, to read as follows: 



30 ORDINANCES Ord. No. 16 

ARTICLE 28 -TAXES 

Fuel Taxes 

24. Collecting and remitting tax. 

(0 Penalties. Whenever a taxpayer fails to file any return and/or pay the tax 
imposed by Section 21 within the time limited therefor, the taxpayer shall be 
assessed by the Director of Finance the amount of tax due, plus interest at the 
rate of [one-half of one of per centum (1/2 of 1%) per month] one percent (1%) per 
month or any fraction thereof, and a penalty of ten percentum (10%) of the tax 
due. 

Hotel Room Tax 
39. Penalty provisions; interest. 

Any person, firm, association or corporation refusing or failing to collect the 
taxes imposed by this subtitle, or to make a proper return when due, or to pay the 
taxes collected by him or it over to the Director of Finance when due shall be 
liable for interest on the amount of tax due at the rate of [one-half of one percen- 
tum (1/2 of 1%) per month or any fraction thereof,] one percent (1%) per month or 
any fraction thereof, and shall also be liable to a penalty of ten percentum (10%) 
of the amount of taxes found to be due by him or it, and said interest and penalty 
shall be collected as a part of the tax itself. 

Parking Tax 
73. Provisions, 

(f) Whenever an operator fails to collect and/or remit to the Director of Finance 
the tax imposed by this subtitle within the time limited therefor, the operator 
shall be assessed by the Director of Finance the amount of tax due, plus interest 
at the rate of [one-half of one percentum (1/2 of 1%) per month,] ane percent (1%) 
per month or any fraction thereof, and a penalty of ten percent (10%) of the tax 
due. 

Sec. 2. And be it further ordained, That this ordinance shall take effect sixty 
(60) days from the date of its passage. 

Approved March 9. 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



ORDINANCES 31 

No. 17 
(Council No. 73) 

AN ORDINANCE concerning 

LICENSE FEES 

FOR the purpose of increasing the interest on delinquent license fees. 

BY repealing and reordaining with amendments 
Article 15 -Licenses 
Section 88(b) 
Baltimore City Code (1983 Replacement Volume) 

Section 1. Be it ordairied by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added, 
repealed, or amended, to read as follows: 

ARTICLE 15-LICENSES 

Penalties -Civil and Criminal 

88. Civil and criminal penalties. 

(b) Except as where otherwise provided in this Article, [Any] any person, firm, 
corporation, or other legaJ entity who fails to pay any license or permit fee im- 
posed by any provision of this Article 15, within 30 days from the time it becomes 
due and payable, shall be liable for interest on the amount of such unpaid license 
or permit fee at the rate of (two-thirds of one per centum (2/3 of 1%)] one percent 
(1%) per month or any fraction thereof during the period of time such license or 
permit fee remains unpaid, and shall also be liable for a penalty of ten percent 
(10%) of such unpaid license or permit fee. Said interest and penalty shall be col- 
lected as a part of the license or permit fee itself. 

Sec. 2. And be it further ordained, That this Ordinance shall take effect 
January 1, 1985. 

Approved March 9, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



32 ORDINANCES Ord. No. 19 

No. 18 
(Council No. 99) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 
BANK STREET 

FOR the purpose of repealing Ordinance No. 825, which provided for reserved 
parking on the south side of Bank Street for Sam Amoriello. 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
Ordinance No. 825, approved November 12, 1982, be and the same is hereby 
repealed and the reserved parking on Bank Street near Kane Street therein pro- 
vided, is hereby rescinded. 

Stc. 2. And be \t further (yrdaiiied, That this ordinance shall take effect upon 
the date of its passage. 



Approved March 9, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 19 
(Council No. 1 15) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS 
CIRCULAR ADVERTISING COMPANY, INC. PROJECT 

Vi)K the pur|)ose of authorizing and empowering Mayor and City Council of 
Baltimore to issue, sell and deliver, at any time or from time to time, and in 
one or more series, as limited obligations of the City and not upon its full faith 
and credit, its industrial development revenue bonds, to be designated 
"Baltimore City, Maryland Industrial Development Revenue Bonds (Circular 
Advertising Company, Inc. Project)", in the aggregate principal amount not to 
exceeii $6()(),()()0, pursuant to the provisions of Sub-section (5U) of Article II of 
the Charter of Baltimore ('ity (1964 Revision), as amended, for the sole and ex- 
clusive purpose of financing the costs, charges, fees and expenses in connec- 
tion with (a) the accjuisition of a 1 .08 acre tract of land and a one story masonry 
building of approximately 30,000 s(}uare feet located at 1500 South Monroe 
Street in the City of Baltimore, and (1)) the renovation of the building and the 
constniction of certain improvements, alterations and additions to the 
l)uil(iing and the land on which the building is situated; authorizing the Mayor 
of the City to accept, on behalf of the City, the letter of intent of Fetcho Prop- 
erties to the City dated February 1, 1984; making certain legislative findings; 



ORDINANCES 33 

authorizing and empowering the Board of Finance of the City, prior to the is- 
suance, sale and delivery of such bonds, to adopt a resolution pursuant to 
which the Board of Finance shall (a) prescribe, among other things, but not 
limited to, the form, terms, provisions, manner or method of issuing and sell- 
ing, and the time or times of issuance, and any and all other details of such 
bonds, and (b) do any and all things necessary, proper or expedient in connec- 
tion with the issuance and sale of such bonds; authorizing the private 
(negotiated) sale of such bonds; providing that Fetcho Properties shall agree 
to submit any plans and specifications to, and to coordinate with, the Depart- 
ment of Housing and Community Development in connection with any im- 
provements to said buildings; provided that, except under certain cir- 
cumstances, Circular Advertising Company, Inc., prior to the issuance and 
sale of such bonds, shall have received the approval of the Mayor's Office of 
Manpower Resources of a final plan covering the future hiring needs of Cir- 
cular Advertising Company, Inc., and its utilization of the training and recruit- 
ment services of said Office; providing that, except under certain cir- 
cumstances, if such bonds are not issued and sold within six months after the 
date on which this Ordinance is approved by the Mayor of the City, the 
authorization provided in this Ordinance for the City to issue and sell such 
bonds shall expire; and generally providing for and determining various mat- 
ters and details in connection with the authorization, issuance, security, sale 
and payment of such bonds. 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision), 
as amended (the "Enabling Law"), empowers Mayor and City Council of 
Baltimore (the "City") to issue revenue bonds and to use the proceeds of the sale 
of such revenue bonds to finance undertakings for the accomplishment of any of 
the purposes, objects and powers of the City. Some of the general objectives of 
the City contemplated by the Enabling Law include the relief of conditions of 
unemployment in Baltimore City, encouraging the increase of industry and a 
balanced economy in Baltimore City, promoting econonuc development in 
Baltimore City, and promoting the health, welfare and safety of the residents of 
Baltimore City. 

The City has received a letter of intent dated February 1, 1984 (the "Letter of 
Intent") from Fetcho Properties, a Maryland general partnership (the "Bor- 
rower"), pursuant to which the Borrower has requested the City to participate in 
the financing of the costs of, and the charges, fees and expenses incurred in con- 
nection with, the Project (herein defined) by issuing and selling industrial 
development revenue bonds of the City in the aggregate principal amount not to 
exceed $600,000 (the "Bonds"), and by loaning the proceeds of the Bonds to the 
Borrower, upon the terms and conditions of a loan agreement to be entered into 
between the City and the Borrower (the "Loan Agreement"), as permitted by the 
Enabling Law (such loan being herein referred to as the "Loan"). 

The acquisition, renovation and construction project (the "Project") to be 
financed with the proceeds of the Bonds will consist of: (a) the acquisition of a 
1.08 acre tract of land (the "Land") and a one story masonry building of approxi- 



34 ORDINANCES Ord. No. 19 

mately 30,000 square feet (the "Building"), located at 1500 South Monroe Street 
in the City of Baltimore, and (b) the renovation of the Building and construction 
of certain improvements, alterations and additions to the Building and the Land. 
The Borrower will lease the Building and the Land to Circular Advertising Com- 
pany, Inc. (the "Project User") under a lease agreement. 

The Loan Agreement will require the Borrower (a) to use the proceeds of the 
Bonds solely to finance the completion of the Project, and (b) to make Loan 
payments which will be sufficient to enable the City to pay the principal, and in- 
terest and premium, if any, on the Bonds when and as the same shall become due 
and payable. 

As security for the Bonds, the City will enter into a bond indenture (the "Bond 
Indenture") with either (a) a corporate trustee (the "Trustee") to be appointed by 
the Board of Finance of the City (the "Board") for the benefit of the holders of the 
Bonds, or (b) the original purchaser of the Bonds (the "Original Purchaser") and a 
trustee for the disbursement of the proceeds of the Bonds (which may be the 
Original Purchaser) (the "Project Fund Trustee"). Pursuant to the Bond Inden- 
ture the City shall pledge, assign, transfer and set over to the Trustee or the 
Original Purchaser and the Project Fund Trustee, their respective successors 
and assigns, and grant a security interest in (among other things) (a) all of the 
City's right, title and interest in and to and remedies under the Loan Agreement, 
including (without limitation) any and all security referred to therein, excepting 
only the right of the City to indemnification by the Borrower and to payments to 
the City for expenses incurred by the City itself, (b) the receipts and revenues of 
the City from the Loan, (c) certain moneys that are at any time or from time to 
time on deposit with the Trustee or the Project Fund Trustee, (d) all right, title 
and interest in and to and remedies with respect to any and all other property of 
every description and nature from time to time which by delivery or by writing of 
any kind is conveyed, pledged, assigned or transferred, as and for additional 
security for the Bonds, by the City or by anyone on its behalf or with its written 
consent, to the Trustee or the Original Purchaser and the Project Fund Trustee, 
their respective successors or assigns, and (e) all of the City's right, title and in- 
terest in and to and remedies under such other documents, including (without 
limitation) mortgages, deeds of trust, guaranties and security instruments, as 
the Board shall deem necessary to effectuate the issuance, sale and delivery of 
the Bonds and which the Board shall approve by a resolution or resolutions (the 
"Resolution") to be adopted by the Board prior to the issuance, sale and delivery 
of any of the Bonds. If the Board finds and determines, pursuant to the Resolu- 
tion, that the appointment of a Trustee for the benefit of the holders of the Bonds 
is not required in order to issue, sell, and deliver the Bonds and that the Project 
will be completed on or before the date of delivery of the Bonds, the Board may 
provide in the Resolution that the Project Fund Trustee is not necessary and that 
the City will enter into the Bond Indenture with only the Original Purchaser. 

The Bonds will be sold at a private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW: 



ORDINANCES 35 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
acting pursuant to the Enabling Law, it is hereby found and determined as 
follows: 

(1) The issuance and sale of the Bonds by the City pursuant to the Enabling 
Law in order to lend the proceeds thereof to the Borrower for the sole and ex- 
clusive purpose of financing the costs of the Project will facilitate and expedite 
the completion of the Project by the Borrower. 

(2) The completion of the Project by the Borrower and the financing thereof as 
provided in this Ordinance will serve to promote the general purposes con- 
templated by the Enabling Law by (a) sustaining jobs and employment in 
Baltimore City, (b) promoting economic development in Baltimore City, and (c) 
encouraging the increase of industry and a balanced economy in Baltimore City. 

(3) Neither the Bonds nor the interest thereon shall ever constitute a pledge of 
or involve the faith and credit or the taxing power of the City, and neither shall 
ever constitute a debt of the City within the meaning of Section 7 of Article XI of 
the Constitution of Maryland or any other constitutional, statutory or charter 
provision limiting or restricting the sale or issuance of bonds, notes or other 
obligations of the City, and neither shall ever constitute or give rise to any 
pecuniary liability of the City. The Bonds and the interest thereon shall be 
linruted obligations of the City, repayable by the City solely from the revenue 
derived from Loan repayments (both principal and interest) made to the City by 
the Borrower on account of the Loan and from any other moneys made available 
to the City for such purpose. The proceeds of the Bonds will be paid directly to 
the Trustee or the Project Fund Trustee to be held and disbursed by the Trustee 
or the Project Fund Trustee as provided in the Bond Indenture to be approved by 
the Board in the Resolution, provided, however, that if the Board finds and 
determines, pursuant to the Resolution, that the Project will be completed on or 
before the date of delivery of the Bonds, the Board may provide in the Resolution 
that the proceeds of the Bonds will be paid directly to the Borrower, or for the ac- 
count of the Borrower, to be used by the Borrower to pay the costs of, or to reim- 
burse the Borrower for the payment of the costs of, the completion of the Proj- 
ect, as provided in the Bond Indenture to be approved by the Board in the 
Resolution. Payments of the principal of and premium (if any) and interest on the 
Loan will be paid by the Borrower directly to the Trustee or to the Original Pur- 
chaser, its successors and assigns, as provided in the Bond Indenture to be ap- 
proved by the Board in the Resolution. No such moneys will be commingled with 
the funds of the City or will be subject to the absolute control of the City, but will 
be subject only to such limited suf)ervision and checks as are deemed necessary 
or desirable by the City to insure that the proceeds of the Bonds are used to ac- 
complish the public purposes of the Enabling Law and this Ordinance. The loan 
form of transaction authorized hereunder shall in no event constitute a capital 
project within the meaning of any charter or statutory provision. The public pur- 
poses expressed in the Enabling Law are to be achieved by facilitating the com- 
pletion of the Project by the Borrower. 

(4) The City will acquire no interest in the Project other than (a) any general in- 
terest in the Borrower's property shared by all holders of the Borrower's obliga- 



36 ORDINANCES Ord. No. 19 

tions which rank and are secured equally with the Borrower's obligations pur- 
suant to the Loan Agreement, (b) any lien and security interest created by the 
Loan Agreement, and (c) any interest created by any other mortgage or deed of 
trust or other security instrument executed and delivered by the Borrower or 
any third party as security for the Loan or the Bonds as the Board may provide 
for and approve in the Resolution. The security for the Bonds shall be solely and 
exclusively (a) the absolute, irrevocable and unconditional obligations of the Bor- 
rower to make the payments required by the Loan Agreement, (b) moneys real- 
ized from the liquidation of any lien and security interest created by the Loan 
Agreement and of any other lien or security interest created with respect to any 
property as security for the Loan or the Bonds as the Board may provide for and 
approve in the Resolution, and (c) moneys realized from any guaranty of the 
Bonds or of the Loan as the Board may provide for and approve in the Resolu- 
tion. 

(5) The best interests of the City will be served by selling the Bonds at a private 
(negotiated) sale, as authorized by the Enabling Law, upon terms and conditions 
approved by the Board in the Resolution. 

Sec. 2. Arid be it further ordained, That the City is hereby authorized and em- 
powered to issue, sell and deliver, at any time.jor from time to time, and in one or 
more series, and as limited obligations of the City and not upon its full faith and 
credit, its industrial development revenue bonds in the aggregate principal 
amount not to exceed $600,000, subject to the provisions of this Ordinance. The 
proceeds of the Bonds will be loaned to the Borrower pursuant to the terms and 
provisions of the Loan Agreement, to be used by the Borrower for the sole and 
exclusive purpose of financing the costs, charges, fees, and expenses in connec- 
tion with the completion of the Project. The Bonds and the interest thereon shall 
be limited obligations of the City, repayable by the City solely from the revenue 
derived from Loan repayments (both principal and interest) made to the City by 
the Borrower pursuant to the Loan Agreement and from any other moneys made 
available to the City for such purpose. The security for the Bonds shall be solely 
and exclusively as provided in Section 1 of this Ordinance. 

Sec. 3. And be it further ordained, That this Ordinance constitutes the commit- 
ment of the City to issue the Bonds, and the Mayor of the City is hereby author- 
ized to accept the Letter of Intent on behalf of the City in order to further 
evidence the commitment of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. 

Sec. 4. And be it further ordained, That each of the Bonds shall bear the 
descriptive title "Baltimore City, Maryland Industrial Development Revenue 
Bonds (Circular Advertising Company, Inc. Project)", provided, that the descrip- 
tive title may contain such other descriptive information as the Board may 
prescribe in the Resolution (e.g., "1^84 Series"). The Bonds shall bear interest at 
the rate or rates of interest to be determined by negotiation with the original 
purchaser or purchasers of the Bonds and to be approved and prescribed by the 
Board in the Resolution. 

Sec. 5. And be it further ordained, That the definitive Bonds, which may be 
engraved, printed or typewritten, including any Trustee's certificate of authen- 



ORDINANCES 37 

tication to be endorsed thereon, shall be in such form, not inconsistent with the 
Enabhng Law and the provisions of this Ordinance, as the Board may approve in 
the Resolution. 

Sec. 6. And be it further ordained, That the Bonds shall be executed in the 
name of the City and on its behalf by the Mayor of the City, by his manual or fac- 
simile signature, and by the Director of Finance of the City, by his manual or fac- 
simile signature, and the corporate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested by the Custodian of the 
City Seal, by his manual signature. The Loan Agreement, the Bond Indenture 
and, where applicable, all other documents as the Board shall deem necessary to 
effectuate the issuance, sale and delivery of the Bonds, shall be executed in the 
name of the City and on its behalf by the Mayor of the City by his manual or fac- 
simile signature, and the corporate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested by the Custodian of the 
City Seal by his manual signature. In case any officer whose signature or a fac- 
simile of whose signature shall appear on the Bonds or any of the aforesaid docu- 
ments shall cease to be such officer before the delivery of the Bonds or any of the 
other aforesaid documents, such signature or such facsimile shall nevertheless be 
valid and sufficient for all purposes, the same as if such officer had remained in 
office until delivery. The Mayor of the City, the Director of Finance of the City, 
the Custodian of the City Seal and other officials of the City are hereby author- 
ized and empowered to do all such acts and things and execute such documents 
and certificates as the Board may determine in the Resolution to be necessary to 
carry out and comply with the provisions hereof. 

Sec. 7. And be it further ordained, That the Bonds shall be executed, issued 
and delivered at any time, or from time to time, in one or more series and in such 
amount or amounts not exceeding, in the aggregate, the principal amount of 
$600,000, as the Board shall prescribe in the Resolution. 

Sec. 8. And be it further ordained, That the Bonds shall be dated, shall be in 
such denominations, shall be of such form and tenor, and shall be payable in such 
amounts, at such times, and at such place or places as the Board shall prescribe in 
the Resolution. 

Sec. 9. And be it further ordained, That the Bonds may be subject to redemp- 
tion prior to their stated maturities upon such terms and conditions as the Board 
shall prescribe in the Resolution. 

Sec. 10. And be it further ordained, That prior to the issuance, sale and 
delivery of the Bonds, the Board shall adopt the Resolution, pursuant to which 
Board shall: 

(a) prescribe the form, tenor, terms and conditions of and security for the 
Bonds; 

(b) prescribe the actual amounts, rate or rates of interest (or the methods of 
determining the same), denominations, date, actual maturity or maturities, and 
the place or places of payment of the Bonds, and the terms and conditions and 
details under which the Bonds may be called for redemption prior to their stated 
maturities; 



38 ORDINANCES Ord. No. 19 

(c) if required in order to issue, sell and deliver the Bonds, appoint a bank hav- 
ing trust powers, or a trust company, as Trustee for the Bonds and, if necessary, 
appoint a paying agent or agents for the Bonds, which may be the Trustee; 

(d) approve the form and contents, and authorize the execution and delivery 
(where applicable) of (i) the Loan Agreement, (ii) the Bond Indenture, and (iii) 
such other documents, including (without limitation) mortgages, deeds of trust, 
guaranties and security instruments as the Board shall deem necessary to ap- 
prove in order to effectuate the issuance, sale and delivery of the Bonds; 

(e) determine the time of execution, issuance, sale and delivery of the Bonds 
and prescribe any and all other details of the Bonds; 

(f) provide for the direct payment by the Borrower of all costs, fees and ex- 
penses incurred by or on behalf of the City in connection with the issuance, sale 
and delivery of the Bonds, including (without limitation) the costs of printing (if 
any) and issuing the Bonds and the fees of and compensation to any person (other 
than full time employees of the City) performing services by or on behalf of the 
City in connection therewith; 

(g) if a Trustee is appointed, provide for the issuance and sale (subject to the 
passage of an appropriate ordinance authorizing the same as may be required at 
the time) of one or more series of additional bonds and one or more series of 
refunding bonds; and 

(h) do any and all things, and authorize the officials of the City to do any and all 
things, necessary, proper or expedient in connection with the issuance, sale and 
delivery of the Bonds. 

Sec. 11. And be it further ordained, That the Loan Agreement and the Bond 
Indenture shall contain such terms, provisions and conditions not inconsistent 
with the Enabling Law and the provisions of this Ordinance as the Board shall 
approve in the Resolution. 

Sec. 12. And be it further ordained, That as authorized by the Enabling Law, 
the Bonds shall be sold at private (negotiated) sale upon such terms and condi- 
tions as shall be approved by the Board in the Resolution. 

Sec. 13. And be it further ordained, That neither the Bonds nor the interest 
thereon shall ever constitute a pledge of or involve the faith and credit or the tax- 
ing power of the City, and neither shall ever constitute a debt of the City within 
the meaning of Section 7 of Article XI of the Constitution of Maryland or other 
constitutional, statutory or charter provisions limiting or restricting the sale or 
issuance of bonds, notes or other obligations of the City, and neither shall ever 
constitute or give rise to any pecuniary liability of the City. The Bonds, and the 
interest thereon, shall be limited obligations of the City, the principal of and in- 
terest on which Bonds shall be payable by the City solely from the revenue de- 
rived from Loan repayments (both principal and interest) made to the City by the 
Borrower on account of the Loan and, to the extent provided by the Board in the 
Resolution, from the proceeds of the Bonds, and from any other moneys made 
available to the City for such purpos^. The proceeds of the Bonds will be paid 
directly to the Trustee or the Project Fund Trustee to be held and disbursed by 
the Trustee by the Project Fund Trustee as provided in the Bond Indenture to be 



ORDINANCES 39 

approved by the Board in the Resolution, provided, however, that if the Board 
finds and determines, pursuant to the Resolution, that the appointment of a 
Trustee for the benefit of the holders of the Bonds is not required in order to 
issue, sell, and deliver the Bonds and that the Project will be completed on or 
before the date of delivery of the Bonds, the Board may provide in the Resolution 
that the proceeds of the Bonds will be paid directly to the Borrower, or for the ac- 
count of the Borrower, to be used by the Borrower to pay the costs of, or to reim- 
burse the Borrower for the payment of the costs of, the completion of the Proj- 
ect, as provided in the Bond Indenture to be approved by the Board in the 
Resolution. No such moneys will be commingled with the City's funds or will be 
subject to the absolute control of the City, but will be subject only to such limited 
supervision and checks as are deemed necessary or desirable by the City to in- 
sure that the proceeds of the Bonds are used to accomplish the public purposes of 
the Enabling Law and this Ordinance. 

Sec. lA.Andbe it further ordained, That in consideration of the purchase and 
acceptance of the Bonds by those who shall hold the Bonds from time to time, the 
City does hereby, and by the execution and delivery of the Bond Indenture to be 
approved by the Board the City shall, set aside and pledge the income and 
revenue under the Loan Agreement (other than payments to the City for indem- 
nification or to reimburse the City for expenses incurred by the City itself) to the 
Trustee or the Original Purchaser, its successors and assigns, to be used and ap- 
plied for the payment of the principal of and interest on the Bonds. Pursuant to 
the terms of the Loan Agreement to be approved by the Board in the Resolution, 
payments sufficient- for the prompt payment when due of the principal of, 
premium, if any, and interest on the Bonds are to be paid by the Borrower to the 
Trustee for the benefit of the holders of the Bonds, or to the Original Purchaser, 
its successors and assigns, for the account of the City. 

Sec. 15. And be it further ordained, That the Borrower shall agree that: 

(a) It will submit any plans and specifications for the Project to the Department 
of Housing and Connmunity Development for approval, which approval shall not 
be withheld unreasonably; and 

(b) It and its developers will work with the design advisory group appointed by 
the Department of Housing and Community Development in order to achieve 
high quality and design. 

Sec. 16. And be it further ordained, That the Project User, prior to the is- 
suance and sale of the Bonds, shall receive the approval of the Mayor's Office of 
Manpower Resources of a final plan covering the future hiring needs of the Proj- 
ect User and the utilization by the Project User of the training and recruitment 
services of that Office; provided however, that in the event such approval has not 
been received, then the Project User shall submit to the Baltimore Economic 
Development Corporation a timetable and procedure, approved by that Office, 
for the development of such a final plan. 

Sec. 17. And be it further ordained, That the provisions of this Ordinance are 
severable, and if any provision, sentence, clause, section or part hereof is held to 
be illegal, invalid or unconstitutional or inapplicable U) any person or circum- 



40 ORDINANCES Ord. No. 20 

stances, such illegality, invaldity, unconstitutionality, or inapplicability shall not 
affect or impair any of the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance, or their application to other persons or circumstances. It 
is hereby declared to be the legislative intent that this Ordinance would have 
paijsed if such illegal, invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included herein, and if the person or circumstances to 
which this Ordinance or any part hereof are inapplicable had been specifically ex- 
empted herefrom. 

Sec. 18. And be it further ordained, That, if the Bonds are not issued and sold 
within six months from the date on which this Ordinance is approved by the 
Mayor of the City, the authorization provided in this Ordinance for the City to 
issue and sell the Bonds shall expire; provided, however, that the Board may, 
after a showing of go<xi cause at a public hearing held before the Board, extend 
such authorization for one additional term not to exceed six months. The Board, 
in its sole discretion, shall determine the sufficiency, or lack thereof, of the 
reasons presented for any requested extension of this Ordinance. If an extension 
is granted, notice of such extension and the reasons therefor must be sent to the 
City Council. 

Sec. 19. And he it further ordained, That this Ordinance shall take effect from 
the date of its passage 



Apprt)ved March 9, 1984 



WILLIAM DONALD SCHAEFER. Mayor. 



No. 20 
(Cpuncil No. U6) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS - 
(HAVERHILL ASSOCIATES LIMITED PARTNERSHIP PROJECT) 

FOR the purpose of authorizing and empowering Mayor and City Council of Bal- 
timore (the "City") to issue, sell and deliver, at any time or from time to time 
and in one or more series, as limited obligations of the City and not upon its 
full faith and credit, its industrial development revenue bonds, to be 
designated "Baltimore City, Maryland Industrial Development Revenue 
Bonds (Haverhill Associates Limited Partnership Project)" in the aggregate 
principal amount not to exceed $2,000,000, pursuant to Sections 266A to 
266-1, inclusive, of article 41 of the Annotated Code of Maryland (1982 
Replacement Volume and 1983 Supplement), as amended, for the sole and ex- 
clusive purjmse of financing the costs, charges, fees and expenses in connec- 
tion with one or more of the following (i) the acquisition of an interest in land 
consisting of approximately 3 acres located at 1006 Haverhill Road in the City 
of Baltimc^re (the "Land"), (ii) the construction of a building of approximately 
r)8.30U S(juare feet on the land (the "Building") to be used as a warehouse, of- 



ORDINANCES 41 

fice and distribution facility, (iii) the acquisition and installation in the building 
of certain machinery and equipment and other improvements as may be 
necessary or useful in connection with the operation of the building and (iv) the 
acquisition of such other interests in land as may be necessary or suitable for 
the foregoing, including roads and rights of access, utilities and other 
necessary site preparation facilities (collectively the "Project"), and (if 
necessary) the funding of reserves and payment of interest on such bonds, 
which facility shall be leased to, and used by, Nuway Distributors, Inc. and Ma- 
jestic Tool Corporation; making certain legislative findings; authorizing the 
loan of the proceeds of the bonds to Haverhill Associates, Limited Partnership 
(the "Borrower"); authorizing and empowering the Board of Finance of the 
City, prior to the issuance, sale and delivery of such bonds, to adopt a resolu- 
tion pursuant to which the Board of Finance shall (a) specify, prescribe, deter- 
mine, provide for or approve certain details, forms, documents or procedures 
in connection with the Bonds issued hereunder and the loan of the proceeds of 
such bonds to the borrower and any other matters necessary or desirable in 
connection with the authorization, issuance, sale, and payment of such 
revenue bonds, including, but not limited to, the form, terms, provisions, man- 
ner or method of issuing and selling, and the time or times of issuance, and any 
and all other details of such bonds, and (b) do any and all things necessary, 
proper or expedient in connection with the issuance and sale of such bonds; 
providing that the borrower shall agree to submit certain plans and specifica- 
tions to, and to coordinate with, the Department of Housing and Community 
Development and the Department of Planning in connection with the acquisi- 
tion and installation of the project; authorizing the Mayor of the City to accept 
the Letter of Intent from the Borrower dated January 26, 1984; providing 
that the authorization for the issuance of Bonds hereunder shall be of limited 
duration; and generally providing for and determining various matters and 
details in connection with the authorization, issuance, security, sale and pay- 
ment of such bonds. 

RECITALS 

The Maryland Economic Development Revenue Bond Act, Sections 266A 
through 266-1, inclusive, of Article 41 of the Annotated Code of Maryland (1982 
Replacement Volume and 1983 Cumulative Supplement) (the "Act") constitutes 
those provisions of Maryland law authorizing the issuance of industrial develop- 
ment revenue bonds by all the counties and municipalities of the State of 
Maryland (the "State"). 

The Act empowers the counties and municipalities of the State to issue revenue 
bonds, bond anticipation notes, notes in the nature of commercial paper and 
other instruments, certificates or evidences of obligation and to loan the pro- 
ceeds of the sale of such revenue bonds to a facility applicant (as defined in the 
Act) to finance the acquisition (as that term is defined in the Act) by such facility 
applicant of a facility (as that term is defined in Section 266A of the Act). The Act 
declares it to be its legislative purpose to relieve conditions of unemployment in 
the State, to encourage the increase of industry and commerce and a balanced 
economy in the State, to assist in the retention of existing industry and com- 
merce and in the attraction of new industry and commerce in the State through, 



42 ORDINANCES Ord. No. 20 

among other things, port development and the control, reduction or abatement 
of pollution of the environment and the utilization and disposal of wastes (where 
the proceeds of such bonds are used for such purpose), to promote economic 
development, to protect natural resources and encourage resource recovery and, 
generally, to promote the health, welfare and safety of the residents of each of 
the counties and municipalities of the State. 

The City has received a letter of intent (as contemplated by Section 266A(h) of 
the Act) dated January 26, 1984 (the "Letter of Intent"), from Haverhill 
Associates, Limited Partnership, a Maryland limited partnership and a facility 
applicant {as defined in the Act), and a facility user (as defined in the Act) 
(hereinafter referred to as the "Borrower") and Nuway Distributors, Inc., 
("Nuway") a Maryland corporation and a facility applicant and a facility user 
(collectively, with Majestic Tool Corporation, the "Facility User"), pursuantlo 
which the Borrower and Nuway have requested the City to participate in the 
financing of the acquisition (within the meaning of the Act) by the Borrower of a 
facility (within the definition of the Act) to be located in Baltimore City, 
Maryland (the "Facility") by the issuance and sale by the City of its Baltimore 
City, Maryland Industrial Development Revenue Bonds (Haverhill Associates 
Limited Partnership Project) (the "Bonds"), in an aggregate principal amount not 
exceeding $2,000,000, and by loaning the proceeds of the Bonds to the Borrower 
upon the terms and conditions of one or more loan or other agreements to be 
entered into between the City and the Borrower (collectively, the "Loan Agree- 
ment"), as permitted by the Act (such loan being herein referred to as the 
"Loan"). 

The Facility will consist generally of one or more of the following (i) the acquisi- 
tion of an approximately 3 acre tract of land located at 1006 Haverhill Road, 
Baltimore, Mar>'land (the "Land"), (ii) the construction of a building of approx- 
imately 68,300 square feet on the Land (the "Building") to be used as a 
warehouse office and distribution facility, (iii) the acquisition and installation in 
the Building of certain machinery and equipment and other improvements 
therein as may be necessary or useful in connection with the operation of the 
Facility User's business, and (v) the acquisition of such other interests in land as 
may be necessary or suitable for the foregoing, including roads and rights of ac- 
cess, utilities and other necessary site preparation facilities. 

The Loan Agreement will require the Borrower (a) to use the proceeds of the 
Bonds solely to finance the acquisition of the Facility, to pay the necessary costs 
of preparing, printing, selling and issuing the Bonds, the funding of reserves, 
and the payment of interest with respect to such financing, in such amounts or 
for such period as the Board of Finance of the City deems reasonable, or to 
finance other costs permitted by the Act, and (b) to make Loan payments which 
will be sufficient to pay the principal of, and interest and redemption premium, if 
any, on the Bonds and all expenses incurred by the County in connection with the 
issuance and sale of the Bonds and the nmking and administration of the Loan, as 
the same become due and payable. 

The City has determined to accept the Letter of Intent, to issue and sell Bonds 
in an aggregate prmcipal amount not exceeding $2,000,000 and to lend the pro- 
ceeds of the Bonds to the Borrower on the terms and conditions to be set forth in 



ORDINANCES 43 

the Loan Agreement in order to help finance the acquisition of the Facility by the 
Borrower and thereby facilitate the leasing of the Facility to the Facility User. It 
has further determined that such action should be taken in order (i) to relieve^ 
conditions of unemployment in the City and in the State, (ii) to encourage the in- 
crease of industry and commerce and a balanced economy in the State, (iii) to pro- 
mote economic development, and (iv) generally, to promote the health, welfare 
and safety of the residents of the City and the State. 

As security for the Bonds, the City will, for each series of the Bonds, enter into 
either (a) a Trust Agreement (the "Trust Agreement") with a corporate trustee 
(the "Trustee") to be appointed by the Board of Finance of the City (the "Board") 
or (b) an Assignment and Security Agreement or other similar agreement (the 
"Assignment") with the original purchaser of the Bonds (the "Original 
Purchaser"), and, if appropriate, a trustee or trustees (which may be the Original 
Purchaser) (collectively, the "Project Fund Trustee"). Pursuant to the Trust 
Agreement or the Assignment, the City will assign to the Trustee or, if the 
Assignment is entered into, the Original Purchaser or other applicable party, its 
successors and assigns, (among other things) (a) all of the City's right, title and 
interest in and to and remedies under the Loan Agreement, including (without 
limitation) all security referred to therein, excepting only the rights of the City to 
indemnification by the Borrower and to payments to the City for expenses in- 
curred by the City itself, (b) the receipts and revenues of the City from the Loan, 
(c) certain moneys which are at any time or from time to time on deposit with the 
Trustee or the Project Fund Trustee, (d) all right, title and interest in and to and 
remedies with respect to any and all other property of every description and 
nature from time to time by delivery or by writing of any kind conveyed, 
pledged, assigned or transferred, as and for additional security for the Bonds, 
and (e) all of the City's right, title and interest in and to and remedies under such 
other documents, including (without limitation) mortgages, deeds of trust, 
guaranties and security instruments, as the Board shall deem necessary to effec- 
tuate the issuance, sale and delivery of the Bonds and which the Board shall ap- 
prove by a resolution or resolutions (the "Resolution") to be adopted by the Board 
prior to the issuance, sale and delivery of any of the Bonds. 

The Borrower intends to apply to the Maryland Industrial Financing Develop- 
ment Authority ("MIFDA") for insurance with respect to the Bonds pursuant to 
Sections 13-101 through 13-122 of the Financial Institutions Article of the An- 
notated Code of Maryland (1980 Volume and 1983 Cumulative Supplement) (the 
"MIFDA Act"). The Borrower has not obtained a commitment from MIFDA for 
such insurance which is subject to approval by MIFDA. 

The Trust Agreement or the Assignment and the Loan Agreement may be 
combined into one agreement (a "Financing Agreement"). All references to Trust 
Agreement, Assignment and Loan Agreement herein shall also mean and refer 
to a Financing Agreement. 

NOW THEREFORE, IN ACCORDANCE WITH THE ACT: 

Section 1 . Be it ordained by Mayor and City Council of Baltimore, That acting 
pursuant to the Act, it is hereby found and determined as follows: 



44 ORDINANCES Ord. No. 20 

(a) The issuance of the Bonds by the City pursuant to the Act in order to loan 
the proceeds thereof to the Borrower for the sole and exclusive purpose of fi- 
nancing its acquisition (as that term is used in the Act) of the Facility and to pay 
the costs of preparing, printing and selling the Bonds, to fund reserves, to pay in- 
terest on the Bonds and to pay other costs pernnitted by the Act, will facilitate 
and expedite the acquisition of the Facility by the Borrower and its leasing to the 
Facility User. 

(b) The accomplishment of the transactions contemplated and authorized by 
this Ordinance, including (without limitation) the acquisition of the Facility by 
the Borrower, the leasing of the Facility to the Facility User and the financing 
thereof, will (i) sustain jobs and employment opportunities and aid in maintaining 
employment, thus relieving conditions of unemployment in the State and in the 
City; (ii) encourage the increase of industry and commerce and a balanced 
economy in the State and in the City; (iii) promote economic development; and 
(iv) generally promote the health, welfare and safety of the residents of the State 
and of the City. 

(c) The Facility constitutes a "facility" within the meaning of the Act, and the 
Borrower and Nuway are each a "facility applicant" and "facility user" (as those 
terms are defined in the Act) as evidenced by the Letter of Intent, which is a Let- 
ter of Intent within the meaning of the Act. 

(d) In addition to authorizing the City itself to acquire the Facility and either to 
lease or to sell such Facility to the Borrower or the Facility User or to otherwise 
accomplish the financing of the acquisition, the Act also authorizes the financing 
of the Facility to be accomplished in the form of a loan to the Borrower and the 
acquisition of the Facility by the Borrower with the loan proceeds. The loan form 
of transaction avoids indirect costs and burdens on the City by not requiring any 
direct involvement by the City in the construction, ownership or administration 
of the Facility; it permits, however, controls to be imposed on the use of the pro- 
ceeds of the sale of the Bonds to insure that the public purposes of the Act and 
the Bonds are fully accomplished. It is, therefore, in the best interests of the 
citizens of the City to finance the acquisition of the Facility by a loan of the Bonds 
proceeds to the Borrower, the acquisition of the Facility by the Borrower with 
the loan proceeds and the leasing of the Facility to the Facility User. This 
Ordinance contemplates and authorizes a transaction in the form of a loan by the 
City of the proceeds of the Bonds to the Borrower rather than a transaction in 
the form of a lease or sale of the Facility to the Borrower or some other form of 
financing as permitted by the Act. Accordingly, this Ordinance, together with 
the Loan Agreement and other contracts, instruments and agreements author- 
ized hereby, will contain such provisions as the City deems appropriate to effect 
the financing of the Facility by the loan form of transaction. 

(e) Neither the Bonds nor the interest thereon shall ever constitute a pledge of, 
or involve the faith and credit or the taxing power of, the City, and neither shall 
constitute a debt of the City within the meaning of Section 7 of Article XI of the 
Constitution of Maryland or any other constitutional, statutory or charter provi- 
sion limiting or restricting the sale or issuance of bonds, notes or other obliga- 
tions, of the City, neither shall ever constitute or give rise to any pecuniary 
liability of the City. The Bonds and the interest thereon shall be limited obliga- 
tions of the City, repayable by the City solely from the revenue derived from 



ORDINANCES 45 

Loan repayments (both principal and interest) made to the City by the Borrower 
on account of the Loan, and from any other moneys made available to the City 
for such purposes. The proceeds of the Bonds will be paid directly to (a) the 
Trustee to be held and disbursed by the Trustee as provided in the Trust Agree- 
ment or (b) if deemed appropriate by the Board, by the Project Fund Trustee as 
provided in the Assignment or, (c) if deemed appropriate by the Board, the Bor- 
rower, to be approved by the Board in the Resolution. Payments of the principal 
of and premium (if any) and interest on the Loan will be paid by the Borrower 
directly to the Trustee as provided in the Trust Agreement or to the Original 
Purchaser, its successors and assigns, as provided in the Assignment, to be ap- 
proved by the Board in the Resolution. No such moneys will be commingled with 
the City's funds or will be subject to the absolute control of the City, but will be 
subject only to such limited supervision and checks as are deemed necessary or 
desirable by the City to insure that the proceeds of the Bonds are used to ac- 
complish the public purposes of the Act and this Ordinance. The loan form of the 
transaction authorized hereunder shall in no event constitute a capital project 
within the meaning of any charter or statutory provision. The public purposes ex- 
pressed in the Act are to be achieved by facilitating the acquisition and installa- 
tion of the Facility by the Borrower and its leasing to the Facility User. 

(f) The City will acquire no interest in the Facility other than (a) any general in- 
terest in the Borrower's property shared by all holders of the Borrower's obliga- 
tions which rank and are scheduled equally with the Borrower's obligations pur- 
suant to the Loan Agreement, (b) any lien and security interest created by the 
Loan Agreement, and (c) any interest created by any other mortgage or deed of 
trust or other security instrument executed and delivered by the Borrower or 
any third party as security for the Loan or the revenue bonds as the Board may 
provide for and approve in the Resolution. The security for the revenue bonds 
shall be solely and exclusively (a) the absolute, irrevocable and unconditional 
obligations of the Borrower to make the payments required by the Loan Agree- 
ment, (b) moneys realized from the liquidation of any lien and security interest 
created by the Loan Agreement and of any other lien or security interest created 
with respect to any property as security for the Loan or the revenue bonds as the 
Board may provide for and approve in the Resolution, and (c) moneys realized 
from any guaranty of the revenue bonds or of the Loan as the Board may provide 
for and approve in the Resolution. 

Sec. 2. And be it further ordained, That the City is hereby authorized and em- 
powered to issue, sell and deliver, at any time or from time to time and in one or 
more series, and as limited obligations of the City and not upon its full faith and 
credit, its Baltimore City, Maryland Industrial Development Revenue Bonds 
(Haverhill Associates Limited Partnership Project), in the aggregate principal 
amount not to exceed $2,000,000, subject to the provisions of this Ordinance. The 
proceeds of the Bonds will be loaned to the Borrower pursuant to the terms and 
provisions of the Loan Agreement, to be used by the Borrower for the sole and 
exclusive purpose of financing the costs of the acquisition and installation of the 
Facility and the funding of reserves and payment of interest on the Bonds, to the 
extent permitted in the Resolution. The Bonds and the interest thereon shall be 
limited obligations of the City, repayable by the City solely from the revenue 
derived from Loan repayments (both principal and interest) made to the City by 



46 ORDINANCES Ord. No. 20 

the Borrrower pursuant to the Loan Agreement and from any other moneys 
made available to the City for such purpose. The security for the Bonds shall be 
solely and exclusively as provided in Section 1 of this Ordinance. 

Sec. 3. And be it further ordained, That each of the Bonds shall bear the 
descriptive title "Baltimore City, Maryland Industrial Development Revenue 
Bond (Haverhill Associates Limited Partnership Project)", provided that the 
descriptive title may contain such other descriptive information as the Board 
may prescribe in the Resolution (e.g. "1983 Series"). The Bonds shall bear in- 
terest at the rate or rates of interest to be determined by negotiation with the 
original purchaser or purchasers of the Bonds and to be approved and prescribed 
by the Board in the Resolution. 

Sec. 4. And be it further ordained, That the definitive Bonds, which may be 
engraved, printed or typewritten, including the Trustee's Certificate of Authen- 
tication, to be endorsed thereon, if the Trust Agreement is entered into, shall be 
in such form, not inconsistent with the Act and the provisions of this Ordinance, 
as the Board may approve in the Resolution. 

Sec. 5. And be it further ordained, That the Bonds shall be executed in the 
name of the City and on its behalf by the Mayor of the City, by his manual or fac- 
simile signature, and by the Director of Finance of the City, by his manual or fac- 
simile signature, and the corporate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested by a Custodian of the 
City Seal, by his manual or facsinule signature, as permitted by law. The Loan 
Agreement, the Trust Agreement or the Assignment and, where applicable, all 
other documents as the Board shall deem necessary to effectuate the issuance, 
sale and delivery of the Bonds, shall be executed in the name of the City and on 
its t>ehalf by the Mayor of the City by his manual or facsimile signature, and, if 
applicable, the corporate seal of the City or a facsimile thereof shall be impressed 
or otherwise reproduced thereon and attested by a Custodian of the City Seal by 
his manual or facsimile signature, as required by law. In case any officer whose 
signature or a facsimile of whose signature shall appear on the Bonds or any of 
the aforesaid documents shall cease to be such officer before the delivery of the 
Bonds or any of the other aforesaid documents, such signature or such facsimile 
shall nevertheless be valid and sufficient for all purposes, the same as if such of- 
ficer had remained in office until delivery. The Mayor of the City, the Director of 
Finance of the City, a Custodian of the City Seal and other officials of the City 
are hereby authorized and empowered to do all such acts and things and execute 
such documents and certificates as the Board may determine in the Resolution to 
be necessary to carry out and comply with the provisions hereof 

Sec. 6. And be it further ordained, That the Bonds shall be executed, issued 
and delivered at any time or from time to time and in one or more series and in 
such amount or amounts not exceeding, in the aggregate, the principal amount of 
$2,000,000 as the Board shall prescribe in the Resolution. 

Sec. 7. And be it further ordained. That the Bonds shall be dated, shall be in 
such denominations, shall be of such form and tenor, and shall be payable in such 



ORDINANCES 47 

amounts, at such times and at such place or places as the Board shall prescribe in 
the Resolution. 

Sec. 8. And be it further ordained, That prior to the issuance, sale and delivery 
of the Bonds, the Board shall adopt a Resolution pursuant to which the Board is 
hereby authorized to specify, determine, provide for or approve, all or any of the 
following matters, details, forms, documents or procedures in connection with 
the Loan and the Bonds: 

(a) The terms and provisions of the Bonds, including, without limitation, the 
principal amount of the Bonds, the maturity or maturities of the Bonds, the rate 
or rates of interest the Bonds are to bear and the redemption provisions of the 
Bonds; 

(b) The form and tenor of the Bonds, including the determination as to whether 
the Bonds shall be issued in one or more series, the form in which the Bonds are 
issued, and the designation of each series of Bonds; 

(c) The terms and provisions and form of the Loan Agreement between the 
City and the Borrower and the terms and provisions and form of any notes or 
other evidences of obligation issued by the Borrower pursuant to the Loan 
Agreement; 

(d) The terms and provisions and form of the Assignment or Trust Agreement 
by which the City assigns transfers, without recourse, all of its rights, title and 
interest in and to, and remedies with respect to (except for certain rights to in- 
demnification and to payment of administrative expenses of the City, including 
any enforcement remedies available to the City with respect thereto) the receipts 
and revenues of the City from the Loan as set forth in Section 1 hereof, such 
Assignment to provide, in substance, that the holders of the Bonds, the agent, or 
the trustee or trustees, if any, appointed pursuant to the Assignment, shall en- 
force each and every right, power or remedy granted to the City pursuant to the 
Loan Agreement and any mortgage, deed of trust, assignment of leases, security 
agreement or any contract, agreement, trust or other instrument (including, 
without limitation, any guaranty agreement) executed and delivered in connec- 
tion with the Loan, and that nothing in the Loan Agreement, the aforesaid in- 
struments, or the Assignment or Trust Agreement, shall obligate the City to act 
or refrain from acting under such instruments, it being understood that the 
holders of the Bonds shall look solely to themselves and any agent, trustee or 
trustees appointed pursuant to the Assignment for enforcement of the rights and 
remedies under the Loan Agreement, such instruments and the Bonds available 
to the holders of the Bonds or for the benefit of the holders of the Bonds; 

(e) The determination as to whether the proceeds of the Bonds shall be paid 
directly to the Borrower or paid to, and disbursed by, a trustee or trustees or 
agent for the benefit of the holders of the Bonds, if any such agent, trustee or 
trustees is appointed, and, if necessary, the appointment of such agent, trustee 
or trustees, provided that such agent, trustee or trustees shall have been ap- 
proved by the original purchasers of the Bonds or shall be a financial institution 
which regularly serves in such a capacity or a similar capacity; 

(f) The determination as to whether the Loan payments shall be made directly 
to the holder or holders of the Bonds or to an agent, trustee or trustees for the 



48 ORDINANCES ()rd. No. 20 

benefit of the holders of the Bonds, and, if necessary, the appointment of such 
agent, trustee or trustees, provided that such agent, trustee or trustees shall 
have been approved by the original purchasers of the Bonds or shall be a financial 
institution which regularly serves in such capacity or a sinnilar capacity; 

(g) The determination as to whether the assignment of the receipts and 
revenues of the City from the Loan should be made directly to the holder of the 
Bonds or to an agent, trustee or trustees for the benefit of the holders of the 
Bonds, and, if necessary, the appointment of such agent, trustee or trustees, pro- 
vided that such agent, trustee or trustees shall have been approved by the 
original purchasers of the Bonds or shall be a financial institution regularly serv- 
ing in such capacity or a similar capacity; 

(h) The form of, and the terms and provisions of any mortgage, deed of trust, 
assignment of leases or security agreement or other security instrument cover- 
ing the Facility or any portion thereof or any interest therein or any other prop- 
erty as security for the Loan or the Bonds; 

(i) The terms and the provisions of any contract, agreement, trust or other in- 
strument (including, without limitation, any guaranty agreement) which it deems 
necessary or appropriate in connection with the issuance, sale and delivery of the 
Bonds, the making of the Loan and the acquisition of the Facility; 

(j) To the extent it considers necessary or appropriate in any of the documents 
referred to above, the determination of any provisions regarding the commence- 
ment and completion of the Facility, provisions regarding damage to and con- 
demnation of the Facility or any part thereof, provisions for the appointment of 
an authorized City representative and an authorized Borrower representative, 
provisions and covenants with respect to the use, maintenance, modification, 
operation and transfer of, and access to, the Facility; provisions with respect to 
the issuance, application, use and disbursement of the proceeds of the Bonds; 
provisions for the funding of reserves for the Bonds; provisions for the payment 
of interest on the Bonds for a period which it deems reasonable; provisions re- 
garding the assignment of the Loan Agreement and any instrument referred to 
al:H)ve, provisions regarding the remedies of the holders of the Bonds and any 
agent, trustee or trustees appointed pursuant to any of the documents above in 
the event of a default under any documents; and such other terms, provisions and 
conditions as it may determine to be necessary or appropriate in connection with 
the issuance, sale and delivery of the Bonds and the making of the Loan; 

(k) The determination of the form and content of any representations, warran- 
ties, findings and affirmative and negative covenant's of the City, the Borrower 
and any other party which may be contained in any of the documents referred to 
above; 

(1) Provisions for the amendment or modification of the Loan Agreement, the 
Assignment or Trust Agreement, any assignment of leases, any trust agree- 
ment, any guaranty agreement, any deed of trust, any mortgage or any other 
security agreement or other instrument executed in connection with the Loan, or 
with the sale, issuance and delivery of the Bonds, including any certificate, fi- 
nancing statement and any statement of election as required pursuant to Section 
103{bX6XU) of the Internal Revenue Code of 1954. as amended; 



ORDINANCES 49 

(m) A determination of the identity of any investment banker, underwriter, 
placement agents or other broker to be employed by or on behalf of the City in 
connection with the issuance, sale and delivery of the bonds and the form of any 
preliminary and final official statement issued in connection with any public of- 
fering of the Bonds or any offering memorandum or other official informational 
document prepared in connection with any private placement of the Bonds; 

(n) The determination of the date, time and place when any purchase agree- 
ment or proposal shall be submitted for the Bonds, the terms or provisions of any 
such agreement or proposal and such other matters as the underwriters, invest- 
ment bankers or other placement agents employed in connection with the is- 
suance of the Bonds nnay request; and 

(o) Such other matters, details, forms, documents or procedures as he may 
deem appropriate or desirable to the sale, security, issuance, delivery or payment 
of or for the Bonds for the Loan, including, without limitation, the creation of 
security for the Bonds and the Loan and provision for the administration of the 
Bonds, such as trusts or other instruments with banks or trust companies regard- 
ing countersignature or delivery of the Bonds or security for the Bonds or the 
Loan. 

Sec. 9. And be it further ordained, That neither the Bonds nor the interest 
thereon shall ever constitute a pledge of or involve the faith and credit or the tax- 
ing power of the City, and neither shall ever constitute a debt of the City within 
the meaning of Section 7 of Article XI of the Constitution of Maryland or any 
other constitutional, statutory or charter provision limiting or restricting the 
sale or issuance of the bonds, notes or other obligations of the City, and neither 
shall ever constitute or give rise to any pecuniary liability of the City. The Bonds, 
and the interest thereon, shall be limited obligations of the City, the principal of 
and interest on which Bonds shall be payable by the City solely from the revenue 
derived from Loan repayments (both principal and interest) made to the City by 
the Borrower on account of the Loan and, to the extent provided by the Board in 
the Resolution, from the proceeds of the Bonds, and from any other moneys 
made available to the City for such purpose. The proceeds of the Bonds will be 
paid directly to the Trustee or the Project Fund Trustee to be held and disbursed 
by the Trustee as provided in the Trust Agreement or if deemed appropriate by 
the Board, by the Project Fund Trustee as provided in the Assignment or if 
deemed appropriate by the Board, such proceeds will be paid to or for the benefit 
of the Borrower, to be approved by the Board in the Resolution. No such moneys 
will be commingled with the City's funds or will be subject to the absolute control 
of the City, but will be subject only to such limited supervision and checks as are 
deemed necessary or desirable by the City to insure that the proceeds of the 
Bonds are used to accomplish the public purposes of the Act and this Ordinance. 

Sec. 10. And be it further ordained, That in consideration of the purchase and 
acceptance of the Bonds by those who shall hold the Bonds from time to time, the 
City does hereby, and by the execution and delivery of the Trust Agreement or 
the Assignment to be approved by the Board shall, set aside and pledge the in- 
come and revenue under the Loan Agreement (other than payments to the City 
for indemnification or to reimburse the City for expenses incurred by the City 
itself) to the Trustee or, if the Assignment is entered into, the Original f^ur- 



50 ORDINANCES Ord. No. 20 

chaser, its successor and assigns, to be used and applied for the payment of the 
principal of and interest on the Bonds. Pursuant to the terms of the Loan Agree- 
ment, to be approved by the Board in the Resolution, payments sufficient for the 
prompt payment when due of the principal of, premium, if any, and interest on 
the Bonds are to be paid by the Borrower to the Trustee for the benefit of the 
holders of the Bonds or, if the Assignment is entered into, to the Original Pur- 
chaser or other party, its successors and assigns, for the account of the City. 

Sec. 11. And be it further ordained, That the Borrower shall agree that: 

(a) It will submit any plans and specifications for the acquisition and installa- 
tion of any portion of the Facility (other than the acquisition and installation of 
equipment only) to the Department of Housing and Community Development 
and the Department of Planning for approval, and that the Department of Hous- 
ing and Community Development and the Department of Planning may refuse 
approval of any plans and specifications for aesthetic or functional reasons; and 

(b) With respect to such portion of the Facility, the Borrower will work with 
the design advisory group appointed by the Department of Housing and Com- 
munity Development and the Department of Planning in order to achieve high 
quality site, building and landscape design. 

Sec. 12. And be it further ordained, That the Mayor of the City is hereby 
authorized to accept the Letter of Intent on behalf of the City in order to further 
evidence the commitment of the City to issue the Bonds for the benefit of the 
Borrower. 

Sec. \S. And be it further ordained. That it is hereby found and determined 
that the best interests of the City will be served by selling the Bonds, at par, at 
private (negotiated) sale as authorized by the Act, upon the terms and conditions 
determined by the Board in the Resolution subject to the terms of this Ordinance; 
provided, however, that the Bonds may be sold at public (competitive) sale or 
below or above par (with the consent of the Borrower) if the Board determines 
that it is in the best interests of the City, to sell the Bonds at a public (com- 
petitive) sale or sale above or below par. 

Sec. 14. Ayid be it further ordained, That, in lieu of the Resolution of the Board 
of Finance, the Mayor of the City is hereby authorized to approve or prescribe, 
by Executive Order, any matters which the Board is authorized to approve or 
prescribe pursuant to this Resolution. 

Sec. 15. Ajid be it further ordained, That the provisions of this Ordinance are 
severable, and if any provision, sentence, clause, section or part hereof is held il- 
legal, invalid or unconstitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect 
or impair any of the remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included herein, and if the person or circumstances to 



ORDINANCES 51 

which this Ordinance or any part hereof are inapplicable had been specifically ex- 
empted herefrom. 

Sec. 16. And be it further ordained, That, this Ordinance is intended to be, and 
shall constitute, a commitment by the City to the Borrower to issue and deliver 
the Bonds authorized hereby in accordance with the terms hereof, provided 
however, that if no Bonds have been issued pursuant to this Ordinance within six 
months after the effective date of this Ordinance, the authority and commitment 
of the City to issue the Bonds panted hereunder shall end; provided, however, 
that the Board may, after a showing of good cause at a public hearing held before 
the Board, extend such authorization for one additional term not to exceed six 
months. The Board, in its sole discretion, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested extension of this Ordinance. 
If an extension is granted, notice of such extension and the reasons therefor 
must be sent to the City Council. 

Sec. 17. And be it further ordained, That this Ordinance shall take effect from 
the date of its passage. 

Approved March 9. 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 21 
(Council No. 75) 

AN ORDINANCE concerning 

FIRE AND POLICE EMPLOYEES' RETIREMENT SYSTEM 

FOR the purpose of providing THAT beneficiaries of deceased members of the 
Fire and Police Employees' Retirement System who are receiving a periodical- 
ly paid retirement benefit calculated on the basis of more than three years as 
an average final compensation are entitled to have said benefit recomputed on 
an average final compensation of three consecutive years of service in which 
the compensation was highest. 

BY adding to 

Article 22 -Retirement Systems 

Subtitle -Fire and Police Employees 

Section 34(r) 

Baltimore City Code (1983 Replacement Volume) 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added, 
repealed, or amended, to read as follows: 



52 ORDINANCES Ord. No. 22 

ARTICLE 22-RETIREMENT SYSTEMS 
Fire and Police Employees 
34. Benefits. 

(r) Beginning July 1, 198U, any beneficiary receiving a periodically paid retire- 
ment benefit which is based an the average final compensation of five years of a 
deceased member shall be entitled to have said retirement benefit recomputed on 
the basis of an average final compensation as defined in subsection (11) of Section 
SO for said deceased member. Any increw s ed btnefits re sulting heytin, shall bv ap - 
pludfromJulyl.vm. NO RETROACTIX'E PA YMENTS FOR ANY SUCH IN- 
CREASED BENEFITS SHALL BE MADE TO ANY ELIGIBLE 
BENEFICIARIES. 

Sec. 2. And be it further ordained, That this ordinance shall take effect July 1, 
1984. 

Approved March 14, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 22 
(Council No. 84) 



AN ORDINANCE concerning 



INDUSTRIAL DEVELOPMENT REVENUE BONDS - 
(U-STORE/GAMMA LIMITED PARTNERSHIP PROJECT) 

FOR the purpose of authorizing and empowering Mayor and City Council of Bal- 
timore to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, 
its industrial development revenue bonds, in the aggregate principal amount 
not to exceed $1,875,000, pursuant to the provisions of Sub-section (50) of Ar- 
ticle II of the Charter of Baltimore City (1964 Revision), as amended, for the 
sole and exclusive purpose of financing the costs of the completion by 
U-Store/Gamma Limited Partnership, a Virginia limited partnership, of a cer- 
tain project in Baltimore City, consisting of the construction of 750 self- 
storage mini storage units of slab, cement block buildings with roll-up doors 
and steel roofs, constituting approximately 65,000 square feet in the ag- 
gregate, plus 10 office/shop warehouse spaces constituting approximately 
20.000 square feet in the aggregate, on 4 acres of land already owned by the 
Borrower, bounded by Alluvion Street, the B&O Railroad, and Worcester 
Street, and known as 1420-1425 Ridgely Street (also possibly known as 1500 
Russell Street) in Baltimore City, and the purchase and installation of certain 



ORDINANCES 53 

machinery and equipment in connection therewith (including roll-up doors, 
heating equipment, and a golf cart), to be owned by U-Store/Gamma Limited 
Partnership, and used by small business and home users as office/shop space 
for manufacturing purposes and as self-service storage space; authorizing the 
Mayor of the City, on behalf of the City, to accept the letter of intent dated 
November 30, 1983 from U-Store/Gamma Limited Partnership to the City; 
making certain legislative findings; authorizing and empowering the Board of 
Finance of the City, by a resolution or resolutions adopted prior to the is- 
suance, sale and delivery of any series of such bonds, to (a) prescribe, among 
other things but not limited to, the form, terms, provisions, manner or method 
of issuing and selling (including negotiated as well as competitive bid sale), and 
the time or times of issuance, and any and all other details of such bonds, and 
(b) do any and all things necessary, proper or expedient in connection with the 
issuance and sale of such bonds; providing that U-Store/Gamma Limited Part- 
nership shall agree to submit any plans and specifications to, and to coordinate 
with, the Department of Housing and Community Development in connection 
with the completion of such project; providing that such bonds (or bond an- 
ticipation notes issued in anticipation of the issuance of such bonds) must be 
issued and sold within six months from the date this Ordinance is approved by 
the Mayor, unless the Board of Finance approves one six month extension as 
provided in this Ordinance; authorizing the issuance of notes in anticipation of 
the issuance of such revenue bonds; and generally providing for and determin- 
ing various matters and details in connection with the issuance and sale of such 
bonds and bond anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision), 
as amended (the "Enabling Law"), empowers Mayor and City Council of 
Baltimore (the "City") to borrow money to finance undertakings for the ac- 
complishment of any of the purposes, objects and powers of the City and in con- 
nection therewith to issue bonds, notes, or other obligations (including refunding 
bonds, notes or other obligations), all of which shall be fully negotiable, payable, 
as to both principal and interest, solely from and secured solely by a pledge of (I) 
the revenues from or arising in connection with the property, facilities, 
developments and improvements whose financing is undertaken by the issuance 
of such bonds, notes or other obligations, (II) the revenues from or arising in con- 
nection with any contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or other obligations, (III) the con- 
tracts, mortgages or other securities purchased or otherwise acquired with the 
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I), 
(II), or (III). The purposes, objects and powers of the City contemplated by the 
Enabling Law include the relief of conditions of unemployment in Baltimore 
City, encouraging the increase of industry and a balanced economy in Baltimore 
City, promoting economic development in Baltimore City, and promoting the 
health, welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated November 30, 1983 (the "Letter 
of Intent") from U-Store/Gamma Limited Partnership, a Virginia limited part- 
nership (the "Borrower"), pursuant to which the Borrower has requested the City 



54 ORDINANCES Ord. No. 22 

to participate in the financing of the costs of the completion by the Borrower of a 
certain project in Baltimore City, Maryland (the "Project"), by issuing and selling 
the City's industrial development revenue bonds in the aggregate principal 
amount not to exceed $1,875,000 (the "Bonds"), and by making the proceeds of 
the Bonds available to the Borrower to be used by the Borrower for the sole and 
exclusive purpose of financing the costs of the completion of the Project by the 
Borrower. 

The Project, which is an "undertaking" which will accomplish the purposes, ob- 
jects and powers of the City as mentioned in the EnabHng Law, will consist 
generally of (a) the construction of (i) 750 self-storage mini storage units of slab, 
cement block buildings with roll-up doors and steel roofs, consisting of approx- 
imately 65,000 square feet in the aggregate, and (ii) 10 office/shop warehouses of 
slab, cement block construction with steel roofs, consisting of approximately 
20,000 square feet in the aggregate, all on a tract of land already owned by the 
Borrower, containing approximately 4 acres, bounded by Alluvion Street, the 
B&O Railroad, and Worcester Street, and known as 1420-1425 Ridgely Street 
(also possibly known as 1500 Russell Street) in Baltimore City, and (b) the ac- 
quisition and installation of certain machinery and equipment as may be 
necessary or useful in connection therewith, including roll-up doors, heating 
equipment, and a golf cart. Upon completion, the Project will be owned by the 
Borrower and used by small business and home users as office/shop space for 
manufacturing purposes and as self-service storage space. 

The Enabling Law provides that the City may authorize and empower the 
Board of Finance of the City (the "Board") by resolution to determine and .set 
forth the form, terms, provisions, nnanner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time or times of is- 
suance, and any and all other details of the Bonds and the issuance and sale 
thereof, and to do any and all things necessary, proper or expedient in connection 
with the issuance and sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW: 

Section 1 . Be it ordaitied by Mayor and City Council of Baltimore, That acting 
pursuant to the Enabling Law, it is hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pursuant to the Enabling 
Law in order to make the pnx^eeds thereof available to the Borrower for the sole 
and exclusive purpose of financing the costs of completion of the Project will 
facilitate and expedite the completion of the Project by the. Borrower. 

(2) The completion of the Project by the Borrower and the financing of the 
costs of such completion as provided in this Ordinance will serve to promote the 
general purjjoses contemplated by the Enal)ling Law by (a) sustaining jobs and 
employment in Baltimore City; 0^) promoting economic development in 
Baltimore City; (c) encouraging the increase of industry and a balanced economy 
in Baltimore City; and (d) providing much needed storage space for small 
business and home users. 

(3) Any and all of the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or the taxing power of the 



ORDINANCES 55 

City, and shall not constitute a debt of the City, all within the meaning of Section 
7 of Article XI of the Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting or restricting the 
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds 
shall be limited obligations of the City, and shall be fully negotiable, payable, as 
to both principal and interest, solely from and secured solely by a pledge of (I) the 
revenues from or arising in connection with the Project, (II) the revenues from or 
arising in connection with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired with the proceeds 
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap- 
prove by a resolution or resolutions adopted prior to the issuance, sale and 
delivery of any of the Bonds. 

Sec. 2. And be it further ordained, That the City is hereby authorized and em- 
powered to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, its 
industrial development revenue bonds, in the aggregate principal amount not to 
exceed $1,875,000, subject to the provisions of this Ordinance. The proceeds of the 
Bonds will be made available to the Borrower under terms and conditions approved 
by the Board and set forth in a Resolution, and used by the Borrower for the sole 
and .exclusive purpose of financing the costs of the completion of the Project. 

Sec. 3. And be it further ordained. That this Ordinance constitutes the present 
intent of the City to issue the Bonds, and the Mayor of the City is hereby 
authorized to accept the Letter of Intent on behalf of the City in order to further 
evidence the present intent of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. 

Sec. 4. And be it further ordained. That, as permitted by the Enabling Law, 
the Board is hereby authorized and empowered, by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of the Bonds, to: 

(a) prescribe, among other things but not limited to, the form, terms, provi- 
sions, manner or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of the Bonds and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of the security 
described in Section 5 of this Ordinance, pursuant to a trust agreement or similar 
agreement, (ii) the form of any such trust agreement or similar agreement, as 
provided in the Enabling Law, and (iii) such provisions in any such trust agree- 
ment or similar agreement as the Board may deem reasonable and proper for the 
security of the holders of the Bonds; 

(c) approve the terms and conditions, including but not limited to the terms and 
conditions of any documents to be executed and delivered by the City (other than 
customary financing statements and closing certificates), under which the pro- 
ceeds of the Bonds will be made available to the Borrower to finance the costs of 
the completion of the Project; and 



56 ORDINANCES Ord. No. 22 

(d) do any and all things necessary, proper or expedient in connection with the 
issuance, sale and delivery of the Bonds. 

Sec. 5. Ayid be it further ordained, That any and all of the Bonds shall not be 
general obligations of the City and shall not be a pledge of or involve the faith 
and credit or the taxing power of the City, and shall not constitute a debt of the 
City, all within the meaning of Section 7 of Article XI of the Constitution of 
Maryland or any other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other obligations of the City. 
All of the Bonds shall be limited obligations of the City, and shall be fully 
negotiable, payable, as to both principal and interest, solely from and secured 
solely by a pledge of (I) the revenues from or arising in connection with the Proj- 
ect, (II) the revenues from or arising in connection with any contracts, mortgages 
or other securities purchased or otherwise acquired with the proceeds of tlie 
Bonds, (III) the contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, or (IV) any combination of (I), (II) or 
(III), all as the Board may approve by a resolution or resolutions adopted prior to 
the issuance, sale and delivery of any of the Bonds. 

Sec. 6. And be it further ordained, That the Borrower shall agree that: 

(a) it will submit any plans and specifications for the Project to the Department 
of Housing and Community Development for approval, and that the Department 
of Housing and Community Development may refuse approval of any plans and 
specifications for aesthetic or functional reasons; and 

(b) it and its developers will work with the design advisory group appointed by 
the Department of Housing and Community Development in order to achieve 
high quality site, building, and landscape design. 

Sec. 7. And be it further ordained, Thatany and all of the Bonds shall be ex- 
ecuted in the name of the City and on its behalf by the Mayor of the City, by his 
manual or facsimile signature, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal, by his manual signature. Any trust agreement or 
other documents as the Board shall deem necessar>' to effectuate the issuance, 
sale and delivery of the Bonds shall be executed in the name of the City and on its 
behalf by the Mayor of the City by his manual or facsimile signanjre, and the cor- 
porate seal of the City or a facsimile thereof shall be impressed or otherw^se 
reproduced thereon and attested by the Custodian of the City Seal by his manual 
signature. In case any officer whose signature or a facsimile of whose signature 
shall appear on the Bonds or any of the aforesaid documents shall cease to be 
such officer before the delivery df the Bonds or any of the other aforesaid 
documents, such signature or such facsimile shall nevertheless be valid and suffi- 
cient for all purposes, the same as if such officer had remained in office until 
delivery. The Mayor of the City, the Director of Finance of the City, the Custo- 
dian of the City Seal and other officials of the City are hereby authorized and em- 
powered to do all such acts and things and execute such documents and cer- 
tificates as the Board may determine by resolution to be necessary to carry out 
and comply with the provisions hereof 



ORDINANCES 57 

Sec. 8. And be it further ordained, That any and all necessary financing 
statements required for the consummation of the transactions authorized by this 
Ordinance may be executed on behalf of the City by the Mayor of the City or by 
the Chief, Bureau of Treasury Management of the City or by such other ap- 
propriate official of the City as may be designated by the Mayor of the City to ex- 
ecute such financing statements. 

Sec. 9. And be it further ordained, That the authority to issue the Bonds is in- 
tended and shall be deemed to include the authority to issue bond anticipation 
notes pursuant to Section 12 of Article 31 of the Annotated Code of Maryland 
(1976 Replacement Volume and 1983 Cumulative Supplement), as amended (the 
"Bond Anticipation Note Enabling Legislation"). Reference in this Ordinance to 
the "Bonds" shall include such bond anticipation notes where appropriate. Prior 
to the issuance, sale and delivery of any series of bond anticipation notes, the 
Board shall adopt a resolution or resolutions, to: 

(a) prescribe, among other things but not limited to, the form, terms, provi- 
sions, manner or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of such bond anticipation notes and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of the security 
described in Section 5 of this Ordinance, pursuant to a trust agreement or similar 
agreement, (ii) the form of any such trust agreement or similar agreement, as 
provided in the Enabling Law, and (iii) such provisions in any such trust agree- 
ment or similar agreement as the Board may deem reasonable and proper for the 
security of the holders of such bond anticipation notes; 

(c) approve the terms and conditions, including but not limited to the tern^ and 
conditions of any documents to be executed and delivered by the City (other than 
customary financing statements and closing certificates), under which the pro- 
ceeds of such bond anticipation notes will be made available to the Borrower to 
finance the cost of the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in connection with the 
issuance, sale and delivery of such bond anticipation notes. 

In accordance with the Bond Anticipation Note Enabling Legislation, the City 
hereby covenants to pay any bond anticipation notes issued pursuant to this Sec- 
tion of this Ordinance and the interest thereon from the proceeds of the Bonds in 
anticipation of the sale of which such notes are issued, and the City hereby fur- 
ther covenants to issue such Bonds, as the case may be, when, and as soon as, the 
reason for deferring the issuance of the Bonds no longer exists. The timely is- 
suance of such Bonds, however, is dependent upon matters not within the control 
of the City, including (v^ithout limitation) the existence of a purchaser or pur- 
chasers for such Bonds at the time the reason for deferring the issuance of the 
Bonds no longer exists and the effectiveness of various actions taken by the Bor- 
rower, its officers, agents and employees. 

Sec. 10. And be it further ordained, That the provisions of this Ordinance are 
severable, and if any provision, sentence, clause, section or part hereof is held il- 
legal, invalid or unconstitutional or inapplicable to any person or circumstances, 



58 ORDINANCES Ord. No. 22 

such illegality, invalidity or unconstitutionality, or inapplicability shall not affect 
or impair any of the remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included herein, and if the person or circumstances to 
which this Ordinance or any part hereof are inapplicable had been specifically ex- 
empted herefrom. 

Sec. W.Andbe it further ordained, That either the Bonds or bond anticipation 
notes issued pursuant to Section 9 of this Ordinance in anticipation of the is- 
suance of the Bonds must be issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the City; provided, however, 
that the Board, after a showing of good cause at a public hearing held before the 
Board prior to or after the expiration of such six month period, may extend the 
period during which either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed six months from the date on 
which the first six month period expired. The Board, in its sole discretion, and 
without action by the City Council, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested extension of the six month 
period. If an extension is granted, notice of such extension and the reasons 
therefor must be sent to the City Council. To the extent that neither the Bonds 
nor such bond anticipation notes are issued and sold within twelve months from 
the date on which this Ordinance is approved by the Mayor of the City, the 
authority provided in this Ordinance for the City to issue and sell the Bonds and 
such bond anticipation notes shall expire. 

Sec. 12. And be itfurtfier ordained, That this Ordinance shall take effect from 
the date of its passage. 

Approved March 14, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



ORDINANCES 59 

No. 23 
(Council No. 86) 

AN ORDINANCE concerning 

PARKING PENALTIES DURING RACES IN PIMLICO AREA 

FOR the purpose of establishing penalty provisions for unlawful parking, stop- 
ping, or standing in the Pin\lico Race Track impounding area during a racing 
event: providing for relocation fees when vehicles are towed; and correcting 
obsolete references. 

BY repealing and reordaining with amendments 
Article 3 1 - Transit and Traffic 
Subtitle -Clear Streets 
Section 88 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY adding 

Article 31 -Transit and Traffic 

Subtitle -Parking and Stopping Fine, Penalties and Procedures 
. Section 162(q) 
Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, THERE IS AMPLE PUBLIC PARKING IN THE AREA FOR 
PORTIONS OF THE PIMLICO RACE TRACK; AND 

WHEREAS, THE NUMBER OF R.\CING DAYS HELD AT THE PIMLICO 
TRACK IS VERY LIKELY TO BE INCREASED IN THE NEAR FUTURE; 
AND 

WHEREAS, THE OLD FINE OF $17 WAS USUALLY REGARDED AS A 
PARKING FEE BY THE 3 OR 4 RIDERS IN ONE TICKETED VEHICLE; 
AND 

WTIERE AS, IMPOUNDING IS A COSTLY AND CUMBERSOME METHOD 
BY WHICH TO ENFORCE PARKING REGULATIONS; AND 

WHEREAS, IT IS THE INTENT OF THE COUNCIL THAT PARKING 
REGULATIONS IN THE PIMLICO AREA ARE TO BE ENFORCED BY IM- 
POSING A SUBSTANTIAL FINE FOR VIOLATIONS; NOW, THEREFORE 

. Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1983 Replacement Volume, as amended) 
be added, repealed, or amended, to read as follows: 

Article 31 -TRANSIT AND TRAFFIC 

Clear Streets 

88. Impounding vehicles. 

(a) ft shall be unlawful fur any person to permit a vehicle or part thereof to be 
parked or stopped on any street during the hours when such parking or stopping 



60 ORDINANCES ()rd. No. 23 

is restricted or prohibited thereon. A violation of this provision shall be deemed a 
misdemeanor punishable by the fine now provided by law for such violation. 

(b) In impounding areas otherwise designated in this article the Commissioner 
is authorized to cause such vehicles to be removed, provided that conspicuous 
signs are clearly posted on such streets warning the public of the restricted hours 
and bearing the statement "Cars Towed Away" or "Tow Away Zone," said signs 
to be placed by the Department of Transit and Traffic. 

(c) In areas where parking is prohibited and impounding is authorized, violation 
of such impounding law shall be deemed a misdemeanor punishable by a fine [of 
$10.00J established in Section 152 of this article. 

(d) In areas where stopping or standing is prohibited and impounding is 
authorized, violation of such impounding law shall be deemed a misdemeanor 
punishable by a fine [of $25.00] established in Section 152 of this article. 

(e) fi^In the impounding area known as the "Pimlico Race Track Area" de- 
scribed in Section 116(c) of this subtitle, where parking, stopping, or standing is 
prohibited and impounding is authorized, molations of the impounding law is a 
misdemeanor and subject to a fine established in Section 152 of this article. 

(2) W^ten any v e hicle is tow t d unde r ik e provistow s of thu s subs tc lion du r i n g 
a r acing e v r nt at Ptmlicv Ra ce T r ack, th e v e hicl e tow e d nvay b e re lo c at e d by th e 
Director or th e Commissioner. The owne r of th e v e hicle shall bt subj ec t to a 
rt lvcation f ee . Th e re location f e e shall b e iht sante as the ivwingf ee e stablished b y 
t h e Boa r d of Estimates as towing c harg e s for th e impoundment of v e hicles unde r 
this subtitle but in no e v e nt may th e re location f e e b e less than $i9. 

Parking and Stopping Fines, Penalties and Procedures 

152. Parking and stopping fines. 

Within the limits of the City of Baltimore the following parking and stopping 
fines are imposed in addition to the costs stipulated in the Annotated Code of 
Maryland: 

(q) Parkiyig, stopping, or standing in molation of racing event signs in the 
Pimlico Race Track Area shall be a violation punishable by a fine of$i^ $S0 UN- 
TIL SEPTEMBER 1, 198U; AFTER SEPTEMBER 1. 198^, THE VIOLATION 
SHALL BE PUNISHABLE BY A FINE OF $50. 

Sec. 2. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved March 14, 1984 

WILLIAM DONALD SCHAEFfclK, Mutjur. 



ORDINANCES 61 

No. 24 
(Council No. 88) , 

AN ORDINANCE concerning 

CITY STREET-OPENING OF CERTAIN STREETS AND ALLEYS OR 

PORTIONS THEREOF LYING WITHIN THE AREA OF THE OLIVER 

NEIGHBORHOOD DEVELOPMENT PROJECT 

FOR the purpose of condemning and opening certain streets and alleys lying 
within the area bounded by Harford Avenue, Preston Street, Aisquith Street 
and Oliver Street, in accordance with a plat thereof numbered 344-A-5, 
prepared by the Surveys and Records Division and filed in the Office of the 
Department of Public Works, on the Ninth (9th) day of December, 1983. 

BY authority of 

Article I -General Provisions 

Section 4 

Article II -General Provisions 

Sections- 2, 34. 35 

Baltimore City Charter (1964 Revision, as amended). 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
the Department of Public Works be, and they are hereby authorized and directed 
to condemn and open certain streets and alleys lying within the area bounded by 
Harford Avenue, Preston Street, Aisquith Street and Oliver Street, the streets 
hereby directed to be condemned for said opening being described as follows: 

Beginning for Parcel No. 1 at the point formed by the intersection of the 
east side of Aisquith Street, as now laid out 60 feet wide, and the north side of 
Hoffman Street, 66 feet wide, and running thence binding on the north side of 
said Hoffman Street, North 86°-53'-00'' East 287.25 feet to intersect the 
northwest side of Harford Avenue, as realigned and widened to a width of 78 
feet; thence binding on the northwest side of said Harford Avenue, by a line 
curving to the right with a radius of 855.00 feet the distance of 77.73 feet 
which arc is subtended by a chord bearing South 28°44'-15" West 77.70 feet to 
intersect the south side of said Hoffman Street; thence binding on the south 
side of said Hoffman Street. South 86°-53'-00" West 246.75 feet to intersect 
the east side of said Aisquith Street, and thence binding on the east side of said 
Aisquith Street, North 02°-40'-40" West 66.00 feet to the place of beginning. 

Beginning for Parcel No. 2 at the point formed by the intersection of the 
northwest side of Harford Avenue, 50 feet wide, and the south side of Hoff- 
man Street. 66 feet wide, and running thence binding on the south side of said 
Hoffman Street, North 86°-53'-00'' East 52.64 feet to intersect the southeast 
side of said Harford Avenue; thence binding on the southeast side of said Har- 
ford Avenue, South 15''-06'-28" West 14.67 feet to intersect the northwest side 
of Harford Avenue, as realigned and widened to a width of 78 feet; thence 
binding on the northwest side of last said Harford Avenue, the two following 
courses and distances; namely, by a line curving to the right with a radius of 



62 ORDINANCES Ord. No. 24 

855.00 feet the distance of 49.75 feet which arc is subtended by a chord bear- 
ing South 34°-08'-56.5" West 49.74 feet and by a Hne curving to the left with a 
radius of 948.00 feet the distance of 113.84 feet which arc is subtended by a 
chord bearing South 32*'-22'-32" West 113.77 feet to intersect the northwest 
side of Harford Avenue, mentioned firstly herein, and thence binding on the 
northwest side of Harford Avenue, mentioned firstly herein, North 15°-06'-28" 
East 153.87 feet to the place of beginning. 

Beginning for Parcel No. 3 at the point formed by the intersection of the 
northwest side of Harford Avenue, 50 feet wide, and the south side of Oliver 
Street, as now laid out 66 feet wide, and running thence binding on the south 
side of said Oliver Street, North 87°-16'-50" East 52.52 feet to intersect the 
southeast side of said Harford Avenue; thence binding on the southeast side of 
said Harford Avenue, South I5°-06'-28" West 335.10 feet to intersect the 
north side of Hoffman Street, 66 feet wide; thence binding on the north side of 
said Hoffman Street, South 86°-53'-00" West 52.64 feet to intersect the north- 
west side of said Harford Avenue, and thence binding on the northwest side of 
said Harford Avenue, North 15°-06'-28" East 335.48 feet to the place of 
beginning. 

the said streets as directed to be condemned being more particularly described 
and referred to among the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 344-A-5 which was filed in the Office of 
the Department of Public Works on the Ninth (9th) day of December, in the year 
1983, and is now on file in said Office. 

Sec. 2. A7id be it further ordained, That the proceedings of said Department of 
Public Works, with reference to the condemnation and opening of said streets 
and the proceedings and rights of all parties interested or affected thereby, shall 
be regulated by, and be in accordance with, any and all applicable provisions of 
Article 4 of the Code of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision) as amended to July 1, 1973 and any and all 
amendments thereto, and any and all other Acts of the General Assembly of 
Maryland, and any and all ordinances of the Mayor and City Council of 
Baltimore, and any and all rules or regulations in effect which have been adopted 
by the Director of Public Works and filed with the Department of Legislative 
Reference. 

Sec. 3. And be itfurtiier ordained, That this Ordinance shall take effect from 
the date of its passage. 

Approved March 14. 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



ORDINANCES 63 

No. 25 
(Council No. 89) 

AN ORDINANCE concerning 

CITY STREET-CLOSING OF CERTAIN STREETS AND ALLEYS OR 

PORTIONS THEREOF LYING WITHIN THE AREA OF THE OLIVER 

NEIGHBORHOOD DEVELOPMENT PROJECT 

FOR the purpose of condemning and closing certain streets and alleys lying 
within the area bounded by Harford Avenue, Preston Street, Aisquith Street 
and Oliver Street, in accordance with a plat thereof numbered 344-A-5A, 
prepared by the Surveys and Records Division and filed in the Office of the 
Department of Public Works, on the Ninth (9th) day of December, 1983. 

BY authority of 

Article I -General Provisions 

Section 4 

Article II -General Provisions 

Sections -2, 34, 35 

Baltimore City Charter (1964 Revision, as amended). 

Section 1. Be it ordained by the Mayor and City Council of Baltivwre, That 
the Department of Public Works be, and they are hereby authorized and directed 
to condemn and close certain streets and alleys lying within the area bounded by 
Harford Avenue, Preston Street, Aisquith Street and Oliver Street, the streets 
hereby directed- to be condemned for said closing being described as follows: 

Beginning for Parcel No. 1 at the point formed by the intersection of the 
east side of Aisquith Street, as now laid out 60 feet wide, and the north side of 
Hoffman Street, 66 feet wide, and running thence binding on the north side of 
said Hoffman Street, North 86°-53'-00" East 287.25 feet to intersect the north- 
west side of Harford Avenue, as realigned and widened to a width of 78 feet; 
thence binding on the northwest side of said Harford Avenue, by a line curving 
to the right with a radius of 855.00 feet the distance of 77.73 feet which arc is 
subtended by a chord bearing South 28*'44'-15" West 77.70 feet to intersect 
the south side of said Hoffman Street; thence binding on the south side of said 
Hoffman Street, South 86''-53'-00" West 246.75 feet to intersect the east side 
of said Aisquith Street, and thence, binding on the east side of said Aisquith 
Street, North 02°-40'-40" West 66.00 feet to the place of beginning. 

Beginning for Parcel No. 2 at the point formed by the intersection of the 
northwest side of Harford Avenue, 50 feet wide, and the south side of Hoff- 
mafi Street, 66 feet wide, and running thence binding on the south side of said 
Hoffman Street, North 86°-53'-00" East 52.64 feet to intersect the southeast 
side of said Harford Avenue; thence binding on the southeast side of said Har- 
ford Avenue, South 15°-06'-28" West 14.67 feet to intersect the northwest side 
of Harford Avenue, as realigned and widened to a width of 78 feet; thence 
binding on the northwest side of last said Harford Avenue, the two following 
courses and distances; namely, by a line curving to the right with a radius of 
855.00 feet the distance of 49.75 feet which arc is subtended by a chord bear- 



64 ORDINANCES Ord. No. 25 

ing South 34°-08'-56.5" West 49.74 feet and by a line curving to the left with ?. 
radius of 948.00 feet the distance of 113.84 feet which arc is subtended by a 
chord bearing South 32°-22'-32" West 113.77 feet to intersect the northwest 
side of Harford Avenue, mentioned firstly herein, and thence binding on the 
northwest side of Harford Avenue, mentioned firstly herein, North 15°-06'-28" 
East 153.87 feet to the place of beginning. 

Beginning for Parcel No. 3 at the point formed by the intersection of the 
northwest side of Harford Avenue, 50 feet wide, and the south side of Oliver 
Street, as now laid out 66 feet wide, and running thence binding on the south 
side of said Oliver Street, North 87°-16'-50" East 52.52 feet to intersect the 
southeast side of said Harford Avenue; thence binding on the southeast side of 
said Harford Avenue, South 15°-06'-28" West 335.10 feet to intersect the 
north side of Hoffman Street, 66 feet wide; thence binding on the north side of 
said Hoffman Street, South 86°-53'-00'' West 52.64 feet to intersect the north- 
west side of said Harford Avenue, and thence binding on the northwest side of 
said Harford Avenue. North 15°-06'-28" East 335.48 feet to the place of 
beginning. 

the said streets as directed to be condemned being more particularly described 
and referred to among the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 344-A-5A which was filed in the Office of 
the Department of Public Works on the Ninth (9th) day of December, in the year 
1983, and is now on file in said Office. 

Sec. 2. Atid be it further ordained, That after said highway or highways shall 
have been closed under the provisions of this Ordinance, all subsurface struc- 
tures and appurtenances now owned by the Mayor and City Council of Baltimore, 
shall be and continue to be the property of the Mayor and City Council of 
Baltimore, in fee simple, until the use thereof shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event that any person, firm or corpora- 
tion shall desire to remove, alter or interfere therewith, such person, firm or cor- 
poration shall first obtain f)ermission and permits therefor from the Mayor and 
City Council of Baltimore, and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind and nature made 
necessary by such removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or structures of any kind 
shall be constructed or erected in said portion of said highway or highways after 
the same shall have been closed under the provisions of this Ordinance until the 
subsurface structures and appurtenances now owned by the Mayor and City 
Council of Baltimore, over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall have been removed 
and relaid in accordance with the specifications and under the direction of the 
Director of Public Works of Baltimore City, and at the expense of the person or 
persons or body corporate desiring to erect such buildings or structures. Railroad 
tracks shall be taken to be "structures" within the meaning of this section. 

Sec. 4. And be it further ordained, That after said highway or highways shall 
have been closed under the provisions of this Ordinance, all subsurface struc- 
tures and appurtenances owned by any person, firm or corporation, other than 



ORDINANCES 65 

the Mayor and City Council of Baltimore, shall upon notice from the Director of 
Public Works of Baltimore City, be promptly removed by and at the expense of 
the said owners. 

Sec. 5. And be it further ordained, That on and after the closing of said 
highway or highways, the said Mayor and City Council of Baltimore, acting 
through its duly authorized representatives, shall, at all times, have access to 
said property and to all subsurface structures and appurtenances used by it 
therein, for the purposes of inspection, maintenance, repair, alteration, reloca- 
tion andyor replacement, of any or all said structures and appurtenances, and this 
without permission from or compensation to the owner or owners of said land. 

Sec. 6. Arid be it further ordained, That the proceedings of said Department of 
Public Works with reference to the condemnation and closing of said streets and 
the proceedings and rights of all parties interested or affected thereby, shall be 
regulated by, and be in accordance with, any and all applicable provisions of Arti- 
cle 4 of the Code of Public Local Laws of Maryland and the Charter of Baltimore 
City (1964 Revision) as amended to July 1, 1973 and any and all amendments 
thereto, and any and all other Acts of the General Assembly of Maryland, and 
any and all ordinances of the Mayor and City Council of Baltimore, and any and 
all rules or regulations in effect which have been adopted by the Director of 
Public Works and filed with the Department of Legislative Reference. 

Sec. 7. And be it further ordained, That this Ordinance shall take effect from 
the date of its passage. 



Approved March 14, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 26 
(Council No. 150) 

AN ORDINANCE concerning 

ISSUANCE OF PROJECT REVENUE NOTES - 
(FORT McHENRY TUNNEL TOLL FACILITIES PROJECT) 

FOR the purpose of authorizing and providing for the issuance, from time to 
time, by Mayor and City Council of Baltimore (the "City") of its revenue notes, 
designated "Project Revenue Notes (Fort McHenry Tunnel Toll Facilities 
Project)," and its refunding notes, designated "Project Refunding Notes (Fort 
McHenry Tunnel Toll Facilities Project)," in an aggregate principal amount 
not exceeding twenty-five million dollars ($25,000,000) in accordance with the 
authority contained in Article II, subsection (50) of the Charter of Baltimore 
City (1964 Revision), as amended, and Section 24 of Article 31 of the An- 
notated Code of Maryland (1957 Edition, 1976 Replacement Volume and 1983 
Cumulative Supplement) in order to use the proceeds for the public purposes 



66 ORDINANCES Ord. No. 26 

of (a) financing the cost of toll collection facilities at the Fort McHenry Tunnel 
and certain related activities; (b) funding capitalized interest on such revenue 
notes to the extent deemed necessary and in accordance with any limitation on 
the period for such funding established by law; (c) refunding and refinancing 
such notes as they mature or are redeemed; (d) paying the Costs of Issuance, 
as defined herein, of such notes; and (e) funding any reserve funds, including 
reserves for such revenue notes, created pursuant to this Ordinance and the 
Administrative Resolution (as defined herein); authorizing and providing for 
the refunding, renewal or refinancing from time to time by the City of the 
revenue notes, in whole or in part, by the issuance of refunding, renewal or 
refinancing notes, as the case may be, and authorizing and providing for the 
refunding, renewal or refinancing of any such refunding, renewal or refinanc- 
ing notes, all in accordance with Article 31, Section 24 of the Annotated Code 
of Maryland (1976 Replacement Volume and 1983 Cumulative Supplement); 
authorizing the use of the proceeds of any refunding obligations for the public 
purposes of (a) refunding any outstanding Revenue Obligations, as defined 
hereafter, including the payment of any redemption premium thereon, (b) pay- 
ing the Costs of Issuance of such refunding obligations and (c) funding any 
reserve funds for the refunding obligations including reserves for the payment 
of interest thereon, created pursuant to this Ordinance and the Administrative 
Resolution; authorizing the Board of Finance to make various determinations 
by resolution with regard to the terms and provisions of the revenue notes, 
and the refunding notes (collectively, the "Revenue Obligations"), including 
the use of certain expedited procedures; making certain legislative findings 
regarding the Revenue Obligations; authorizing the use of obligations in the 
nature of commercial paper or demand notes and letters of credit or related in- 
struments; authorizing various book-entry, large denomination or uncer- 
tificated obligation systems; prescribing the form and tenor of the Revenue 
Obligations and determining certain other matters relating to the issuance and 
sale thereof; authorizing the use of various systems of registration for the 
Revenue Obligations; providing that certain matters pertaining to the 
Revenue Obligations, including (without limitation) the amounts and dates of 
any series, maturity or maturities, the private (negotiated) or competitive sale 
thereof, interest rate or rates, redemption provisions, if any, and the period, if 
any, during which interest will be capitalized, shall be determined ad- 
ministratively at or prior to the time of the sale of any series of Revenue 
Obligations by resolution of the Board of Finance of the City; providing for the 
private (negotiated) sale of the revenue notes and the refunding revenue notes 
unless the Board of Finance shall determine that a particular issue or series of 
notes shall be sold by competitive bidding; providing that the Revenue Obliga- 
tions (a) shall be payable solely and only from (i) the proceeds of a certain con- 
tract expected to be agreed upon with the State of Maryland or an agency, 
authority or instrumentality thereof (the "Pledged Revenues"), (ii) amounts in 
any reserve fund established by the Board of Finance for the payment of the 
principal of, premium on, if any, and interest on the Revenue Obligations, in- 
cluding investment earnings on any such fund (to the extent provided by the 
Board of Finance), (iii) unexpended proceeds of the Revenue Obligations, in- 
cluding investment earnings on such proceeds (to the extent provided by the 
Board of Finance), and (iv) other amounts legally available therefor, (b) shall 
not ever constitute, within the meaning of any constitutional or charter provi- 



ORDINANCES 67 

sion or otherwise, a charge against the general credit or taxing powers of the 
City and (c) shall not ever constitute (directly, indirectly or contingently) an 
obligation, moral or otherwise, of the State of Maryland or any political sub- 
division thereof, including the City, to levy or pledge any form of taxation for 
their payment; pledging (i) the Pledged Revenues, (ii) amounts in any reserve 
fund established by the Board of Finance for the payment of the principal of, 
premium on, if any, and interest on the Revenue Obligations, including invest- 
ment earnings on any such fund (to the extent provided by the Board of 
Finance), and (iii) unexpended proceeds of the Revenue Obligations, including 
investment earnings on such proceeds, to the payment of debt service on the 
Revenue Obligations; authorizing the creation of a debt service reserve fund, 
as additional security for the payment of the Revenue Obligations (to the ex- 
tent provided by the Board of Finance), and other reserve funds, as deter- 
mined by the Board of Finance; providing for the disbursement of the pro- 
ceeds of the Revenue Obligations; providing that the proceeds of the Revenue 
Obligations or any monies which may be deemed to be proceeds thereof, will 
not be used in a manner which would cause the Revenue Obligations to be ar- 
bitrage bonds; providing that the Board of Finance may determine by resolu- 
tion or other appropriate action certain other matters pertaining to the is- 
suance, sale or delivery of any series of the Revenue Obligations; providing for 
the amendment or supplementation of this Ordinance to increase the author- 
ized amount of Revenue Obligations, so long as such amendment or sup- 
plementation is in accordance with this Ordinance and any resolutions of the 
Board of Finance relating thereto; and generally relating to the issuance, sale, 
delivery and payment of all Revenue Obligations. 

RECITALS 

A. General: For convenience of reference, the Mayor and City Council of 
Baltimore, a municipal corporation organized and existing under the Constitu- 
tion and laws of the State of Maryland, is hereinafter sometimes referred to as 
the "City." 

B. The Project: 

1. Subsection (28) of Article II ("Subsection 28") of the Charter of 
Baltimore City (1964 Revision, as amended) (the "Charter") authorizes the City 
to acquire land and property of every kind in the vicinity of the Patapsco River 
for or in connection with extending, developing and improving the harbor or Port 
of Baltimore and its facilities and the highways and approaches thereto, and to 
construct thereon or therein facilities or appurtenances necessary or useful in 
connection with the operation of a modern port. Subsection 28 also authorizes 
the City to dispose of land acquired under the authority of Subsection 28, 
whether or not it is undeveloped or has been developed, to the State of Maryland. 

2. Subsection (34) of Article II of the Charter ("Subsection 34") authorizes 
the City to construct tunnels or approaches to them. 

3. Subsection (15) of Article II of the Charter authorizes the City to sell, 
lease, convey, transfer or otherwise dispose of land acquired for development or 



68 ORDINANCES Ord. No. 26 

redevelopment, regardless of whether or not it has been developed, redeveloped, 
altered or improved, to any private corporation, partnership, person or other 
legal entity or to the State of Maryland, or any department or agency thereof. 

4. Subsection (15A) of Article II of the Charter authorizes the City to sell, 
lease, convey, transfer or otherwise dispose of land and property acquired for or 
in connection with the industrial and econonruc growth of Baltimore City, to any 
private corporation, partnership, person or other legal entity or to the State of 
Maryland, or any department or agency thereof. 

5. The City is constructing, with the assistance of the federal and state 
governments, the Fort McHenry Tunnel (the "Tunnel") beneath the Patapsco 
River as part of Interstate 95 (the "Interstate Highway"). As part of that project, 
the City is and will be constructing and equipping a toll collection plaza, an inter- 
change with Keith Avenue, related collection devices and other equipment and 
an administration building (the 'Toll Collection Facilities"). Included in the cost 
of the Toll Collection Facilities are certain acquisition, design, construction, 
equipment and contingency costs (collectively the "Project Costs"), including but 
not limited to all design, engineering and architectural costs, the cost of all equip- 
ment, interest costs during construction and all related costs. 

6. The Toll Collection Facilities are not eligible for financing assistance 
from the federal government. 

7. The City has agreed to finance the full cost of the Toll Collection 
Facilities through the issuance of the "Revenue Obligations," hereinafter de- 
fined. As City ownership of the Toll Collection Facilities is not required in order 
to obtain the benefit of the Tunnel or the Interstate Highway, the City expects to 
be able to sell, transfer, convey or dispose of all of its interest in the Toll Collec- 
tion Facilities to the State of Maryland (the "State") or to the Maryland 
Transportation Authority (the "MTA") or some other instrumentality or agency 
of the State ("other agency") under the terms of a Disposition Agreement (the 
"Project Disposition Agreement"). 

C. Revenue Obligations: 

1. Subsection (50) of Article II of the Charter ("Subsection 50"), empowers 
the City to borrow money to finance undertakings for the accomplishment of any 
of the purposes, objects and powers of the City and in connection therewith to 
issue bonds, notes, or other obligations (including refunding bonds, notes or 
other obligations), all of which shall be fully negotiable, payable, as to both prin- 
cipal and interest, solely from and secured solely by a pledge of (I) the revenues 
from or arising in connection with the property, facilities, developments and im- 
provements whose financing is undertaken by the issuance of such bonds, notes 
or other obligations, (II) the revenues from or arising in connection with any con- 
tracts, mortgages or other securities purchased or otherwise acquired with the 
proceeds of such bonds, notes or other obligations, (III) the contracts, mortgages 
or other securities purchased or otherwise acquired with the proceeds of such 
bonds, notes or other obligations, or (IV) any combination of (I), (II) or (III). 

2. Authority for the issuance of refunding notes is contained in Article 31, 
Section 24 of the Maryland Code. Article 31, Section 24 is sometimes referred to 



ORDINANCES 69 

in this Ordinance as the "Refunding Bond Enabling Act". The Refunding Bond 
Enabling Act authorizes and empowers the City to issue and sell refunding 
obligations for the purpose of refunding any of its obligations then outstanding, 
provided that the public purpose of realizing savings in the effective costs of debt 
service to the City is achieved. Such savings may be a direct result of the refund- 
ing or may result from a reduction in debt service effectuated through a debt 
restructuring. The City may, at a public meeting, determine that any refunding 
obligations be sold on a negotiated basis without the solicitation of bids. The City 
expects that, from time to time, it may be advisable to issue refunding notes to 
refund any outstanding notes (or other refunding notes). The City proposes to 
spend the proceeds of such refunding notes hereby authorized for the general 
public purposes of paying, prepaying, refinancing or restructuring the debt 
evidenced by the revenue notes or any refunding notes issued pursuant to this 
Ordinance. 

F. General: 

1. The City desires to use its borrowing powers to provide for an efficient 
and flexible debt management program to meet the borrowing needs of the City 
in a responsible manner by using recently available financing methods designed 
to provide substantial advantages to municipal borrowers. 

2. Subsection (50) and the Refunding Bond Enabling Act together are 
referred to herein as the "Enabling Laws." Subject to further definition in this 
Ordinance, (i) notes issued under the Enabling Laws and this Ordinance, in- 
cluding parity notes issued pursuant to any ordinance supplemental hereto, are 
referred to herein as "Revenue Notes" or "Refunding Notes," as the case may be; 
and (ii) the Revenue Notes and the Refunding Bonds are collectively referred to 
herein as the "Revenue Obligations." 

3. The City proposes to spend the proceeds of the Revenue Notes after the 
payment of Costs of Issuance (as defined in this Ordinance) and the creation of 
necessary reserves, for the general public purposes of financing the Project 
Costs of The Toll Collection Facilities. The proceeds of the Revenue Notes may 
be used to repay to the City amounts expended for Project Costs of the Toll Col- 
lection Facilities in anticipation of the issuance of the Revenue Obligations. 

4. The City proposes to spend the proceeds of any Refunding Notes hereby 
authorized for the general public purposes of paying, prepaying, refinancing or 
restructuring the debt evidenced by the Revenue Notes issued pursuant to this 
Ordinance, which repayment may include the payment of any premium on such 
obligations, the payment of Costs of Issuance and the creation of reserve funds 
for the Refunding Notes, including reserves for the payment of interest on the 
Refunding Notes. 

5. In addition to any Revenue Obligation proceeds which may be available 
therefor, the Revenue Obligations shall be payable solely and only from (i) 
revenues derived from the Project Disposition Agreement (the "Pledged 
Revenues"), (ii) amounts in any reserve fund established by the Board of Finance 
for the payment of the principal of, premium on, if any, and interest on the 



70 ORDINANCES Ord. No. 26 

Revenue Obligations, including investment earnings on any such fund (to the ex- 
tent provided by the Board of Finance), (iii) unexpended proceeds of the Revenue 
Obligations, including investment earnings on such proceeds (to the extent pro- 
vided by the Board of Finance), and (iv) other amounts legally available therefor. 

6. The Revenue Obligations shall not ever constitute within the meaning of 
any constitutional or charter provision or otherwise (i) an indebtedness of the 
City or any other political subdivision of the State of Maryland within the mean- 
ing of Section 7 of Article XI of the Constitution, or (ii) a charge against the 
general credit or taxing powers of the City. The issuance of the Revenue Obliga- 
tions is not directly or indirectly or contingently an obligation, moral or other- 
wise, of the State of Maryland or of any political subdivision thereof, including 
the City, to levy or pledge any form of taxation for their payment. 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That, 
acting pursuant to the Enabling Laws, it is hereby found and determined as 
follows: 

(A) The development of the Toll Collection Facilities, as part of the Tunnel 
and the Interstate Highway, is critical to the improvement of access to and from 
the Port of Baltimore. Such improved access will increase the value of port ac- 
tivities and will increase the usage of port facilities. 

(B) A sale of the Toll Collection Facilities to the State or the MTA or any other 
agency will retain to the City all of the benefits derived from the development of 
such facilities. 

(C) The issuance of the Revenue Obligations will permit the construction of the 
Tunnel to proceed on a schedule acceptable to the City and the MTA. 

(D) The Interstate Highway, of which the Tunnel is the critical missing ele- 
ment, is essential to the industrial and economic development of the City of 
Baltimore, by improving access to the various sections of Baltimore City. 

(E) The financing program authorized in this Ordinance is designed to take ad- 
vantage of certain favorable market conditions. Current bond nmrket conditions 
are unusual, erratic, and unfavorable in comparison to historical bond market 
conditions. An inflexible approach to borrowing by the City would threaten its 
ability to initiate necessary capital projects and would diminish the resources 
available to provide for the needs of the citizens of the City in the future. A flexi- 
ble approach to borrowing, taking advantage of demand for certain short term 
and other municipal obligations will best serve the interest of the City. 

(F) The Board of Finance, being primarily responsible for the issuance and sale 
of the City's certificates of indebtedness, has the expertise and experience 
necessary to be primarily responsible for the determination of matters set forth 
herein to be within its jurisdiction. The market for revenue obligations of the 
City may change from time to time from those conditions prevailing at the time 
of issuance of any series of Revenue Obligations and it is in the best interest of 
the City to grant broad authority and flexibility to the Board of Finance in con- 
nection with the issuance of the Revenue Obligations. 



ORDINANCES 71 

(G) The existence of a growing market for specially structured tax-exempt 
obligations, as for example (i) structured in the form of short term commercial 
paper, (ii) structured as bond anticipation notes or refunding notes, (iii) tied to an 
interest rate or rates that vary with a defined or stated indicator or index or com- 
binations thereof, (iv) utilizing zero coupon bonds or compound interest bonds, (v) 
issued in connection with a sale lease-back transaction or a financing lease, (vi) 
utilizing letters of credit or lines of credit and (vii) otherwise structured in a form 
then responsive to the market, necessitates the establishment of procedures 
which permit the City to utilize such a market for its obligations in addition to the 
traditional tax-exempt markets. (The structures contemplated in this paragraph 
are referred to herein as the "Market Structures".) In addition, the imposition of 
requirements for the registration of all tax-exempt obligations necessitates the 
authorization of alternative forms of registration which satisfy applicable laws 
while permitting for some degree of flexibility. 

(H) Private, negotiated sales are the primary and most efficient means of 
marketing short term obligations, and in the absence of a determination by the 
Board of Finance to the contrary as to a particular issue or series, sales of 
Revenue Obligations pursuant to this Ordinance on a negotiated basis are in the 
best public interest and will result in the lowest cost to the City. 

Sec. 2. And he it further ordained, That: 

(A) the issuance, sale and delivery of an aggregate principal amount of 
Revenue Obligations, hereby designated "Project Revenue [or Refunding] Notes 
(Ft. McHenry Tunnel Toll Facilities Project)," which, when issued, will result in 
receipt by the City (fnclusive of Costs of Issuance, as defined herein) of not ex- 
ceeding Twenty-five Million Dollars ($25,000,000) is hereby authorized for the 
general public purposes of financing the Project Costs of the Toll Collection 
Facilities, and repaying the City for amounts, expended for Project Costs of the 
Toll Collection Facilities in anticipation of the issuance of the Revenue Obliga- 
tions. This maximum amount may consist of (i) Revenue Notes, (ii) Refunding 
Notes, or (iii) any combination of items (i) and (ii) above. Any Refunding Notes 
issued hereunder to refund any Revenue Obligations previously issued hereunder 
shall replace that portion of the authorized amount of Revenue Obligations 
previously issued and shall not be deemed to reduce the maximum authorized 
amount of Revenue Obligations permitted to be issued hereunder. 

(B) The proceeds of the Revenue Obligations, shall be used for the purposes 
described in Section 3 of this Ordinance. The Revenue Notes or the Refunding 
Notes, as the case may be, may be issued in one or more series, and each such 
series shall be identified by a year and a letter designation, so that the first series 
in the year 1984 (if the issuance of more than one series of notes or bonds 
hereunder is then contemplated) shall be designated, for example, "Project 
Revenue Notes (Ft. McHenry Tunnel Toll Facilities Project), Series 1984- A", 
unless another designation is determined in the Administrative Resolution. The 
aggregate principal amount of Revenue Obligations to be issued pursuant to this 
Ordinance at any one time shall be determined by the Board of Finance in the Ad- 
ministrative Resolution. The resolution or resolutions adopted by the Board of 
Finance pursuant to this Ordinance are collectively referred to herein as the "Ad- 
ministrative Resolution". 



72 ORDINANCES Ord. No. 26 

Sec. 3. And be it further ordained, That: 

(A) The net proceeds from the sale of the Revenue Notes authorized to be 
issued and sold by this Ordinance, shall be used and applied for the public pur- 
poses of (i) financing, in whole or in part, the Project Costs of the Toll Collection 
Facilities (either directly or by repayment to the City, as provided in this Or- 
dinance); (ii) funding capitalized interest on any series of the Revenue Notes to 
the extent deemed necessary and in accordance with any limitation on the period 
for such funding establishment by law; (iii) paying the Costs of Issuance of any 
series of Revenue Notes; and (iv) funding any reserve funds, including reserves 
for the Revenue Notes (to the extent provided by the Board of Finance), created 
pursuant to this Ordinance and the Administrative Resolution. 

(B) The net proceeds from the sale of the Refunding Notes authorized to be 
issued and sold by this Ordinance, shall be used and applied for the public pur- 
poses of (i) refinancing, restructuring, refunding or renewing, in whole or in part, 
from time to time, any outstanding Revenue Notes or Refunding Notes, in- 
cluding the payment of any redemption premium thereon; (ii) paying any 
redemption premium in connection with obligations being refinanced or refunded 
from the proceeds of the Refunding Notes; (iii) paying the Costs of Issuance of 
any such series of Refunding Notes; and (iv) funding any reserve funds for the 
Refunding Notes, including reserves for the payment of interest thereon (to the 
extent provided by the Board of Finance), created pursuant to this Ordinance 
and the Administrative Resolution. 

(C) The net proceeds of any series of Revenue Obligations may be used to reim- 
burse or repay to the City or any fund or account maintained by the City for 
funds advanced by the Director of Finance pursuant to Article VII, Section 15(a) 
of the Charter for Project Costs on Toll Collection Facilities. 

Sec. 4. And be it further ordained, That: 

(A) Prior to the delivery of any series of Revenue Obligations, the Board of 
Finance shall adopt the Administrative Resolution, which shall prescribe, subject 
to the Enabling Laws and this Ordinance, (i) the principal amount of Revenue 
Obligations to be issued as a series at any one time, (ii) the date of issue of the 
series of Revenue Obligations, (iii) the interest rat« or rates to be borne by the 
series of Revenue Obligations, or the method by which such interest rate or rates 
shall be computed, including the establishment of linrutations on the interest rate 
or rates, beyond which further approvals of the Board of Finance are required, 
(iv) the time periods and method of payment of interest on the Revenue Obliga- 
tions, (v) the redemption provisions, if any, for the series of Revenue Obligations, 
(vi) the maturity or maturities of the series of Revenue Obligations, (vii) the 
denomination or denominations of any Revenue Obligations, (viii) the form, use 
of registration and mechanics for payment of the Revenue Obligations, and (ix) 
any other terms necessary or appropriate to reflect any matters provided in the 
Administrative Resolution. 

(B) The City hereby determines that under facts and circumstances now ex- 
isting, it is in the best interest of the City to provide for the sale of the Revenue 
Notes and the Refunding Notes by private negotiation, unless the Board of 
Finance shall determine that a particular issue or series of Revenue Notes or 
Refunding Notes shall be sold by competitive bidding. The Board of Finance is 



ORDINANCES 73 

hereby authorized to determine whether a particular issue or series of Revenue 
Notes or Refunding Notes shall be sold by competitive bidding and any such 
determination shall be set forth in the Administrative Resolution for any such 
issue or series of notes. 

(C) The Board of Finance is hereby authorized to adopt a master resolution 
under which procedures are established to facilitate the prompt determination 
and approval of one or more of the matters set forth above. Such procedures may 
include telephonic approval and subsequent telegraphic or written confirmation 
of one or more of such matters by a designated officer of the City if prescribed 
guidelines or parameters set forth in the master resolution or any amendment 
thereto, are not exceeded. 

(D) The Board of Finance is further authorized to establish a procedure 
whereby a variable or floating rate or rates can be utilized for any series of 
Revenue Obligations, and to establish any necessary relations with a bank or 
other appropriate institution to facilitate the payment of Revenue Obligations, 
including (without limitation) the use of general or standby letters of credit, lines 
of credit, bond insurance, dennand features, revolving loans or notes, loan 
agreements, back up loan arrangements or notes or similar arrangements and 
combinations thereof. If necessary, the Board of Finance may authorize the is- 
suance, with or without immediate formal delivery, of a parallel series of 
Revenue Obligations having an interest rate different from the initial series, as a 
means of effecting a credit arrangement with a bank or other financial institu- 
tion. 

(E) The Board of Finance is further authorized to take such further or addi- 
tional actions as are needed (i) to permit the issuance of Revenue Obligations in 
the nature of commercial paper, (ii) to permit the use of book-entry obligations or 
the issuance of denominations of Revenue Obligations which represent Revenue 
Obligations of smaller demonination ("umbrella certificates"), or the use of any 
system that does not result in the formal delivery of an instrument to each holder 
of a Revenue Obligation or owner of any beneficial or partial interest therein, or 
(iii) to utilize other Market Structures identified in this Ordinance or then 
available. 

(F) The Board of Finance may establish and maintain, or authorize the 
establishment and maintenance by the Director of Finance of, a system of 
registration of the Revenue Obligations which satisfies any applicable federal, 
state or local laws. Among the alternative approaches to the registration require- 
ment which the Board may consider are systems which incorporate, among other 
considerations, the following: 

(i) The selection of agents to assist the Director of Finance in the perform- 
ance of functions as registrar and paying agent for the Revenue Obligations, in- 
cluding the use of a depository or depository agent; 

(ii) The issuance of Revenue Obligations in any denomination to represent 
Revenue Obligations of smaller denomination; 

(iii) The insertion of a date of actual issuance of a Revenue Obligation; 

(iv) The use of a variety of formats or a standardized size and format for 
the Revenue Obligations, and where authorized, facsimile signatures only; 



74 ORDINANCES Ord. No. 26 

(v) The establishment of a record date for determining ownership of the 
Revenue ObHgations, in conjunction with an established interest payment date; 

(vi) Provisions for the amendment, discontinuance or reinstatement of a 
system; 

(vii) Conversions of a system to some other system which does not adverse- 
ly affect the exemption of interest paid on the Revenue Obligation from federal 
income taxation; 

(viii) Adoption by an officer of the City of the signature of a predecessor in 
office as his own signature; 

(ix) Provisions and benefits of any state legislation hereinafter adopted 
that relates to the registration of obligations; and 

(x) Procedures under which costs of the registration system are assessed or 
assumed. 

(G) The Board may authorize the use of a depository agent or transfer agent, 
subject to such rules of eligibility as the Board may establish, including Securities 
and Exchange Commission transfer agent turnaround rules, to hold blank or pre- 
printed certificates, maintain records of ownership in umbrella certificates or 
maintain a book-entry system under which no certificates or instruments are 
delivered. 

(H) If any official whose signature shall appear on any series of the Revenue 
Obligations shall cease to be such official prior to the delivery of any series of 
Revenue Obligations, or, in the event any such official whose signature shall ap- 
pear on any series of Revenue Obligations shall have become such after the date 
of issue thereof, the Revenue Obligations of such series shall nevertheless be 
valid and legally binding obligations of the City in accordance with their terms. 

(I) The Revenue Obligations shall be fully registered as to both principal and in- 
terest in the name or names of the owner or owners thereof on books kept for 
such purpose at the office of the Director of Finance of the City, City Hall, 
Baltimore, Maryland 21202 or at such other office and in such other manner as 
the Board of Finance may authorize which is consistent with applicable law. The 
principal of the Revenue Obligations shall be payable at the office of the Director 
of Finance of the City, unless a different place of payment is established by 
resolution of the Board of Finance. The interest on the Revenue Obligations shall 
be payable by the City by check or draft mailed to the registered owners thereof 
at their respective addresses as they appear on the registration books of the City 
for the Revenue Obligations. The Board of Finance by resolution may alter the 
method of payment of either prinicipal or interest, or both. 

(J) The Director of Finance of the City is hereby authorized to make such 
changes in the form of Revenue Obligations as he shall deem necessary to effect 
the purposes of this Ordinance or to comply with recommendations of legal 
counsel, and the Director of Finance is hereby authorized to make such further 
modifications in such form as will not alter the substance of such form, all such 
modifications to be in accordance with and pursuant to the authority of the 
Enabling Laws. 



ORDINANCES 75 

(K) Except as provided hereinafter or in ordinances or resolutions of the Mayor 
and City Council of Baltimore adopted prior to the issuance and delivery of any 
series of Revenue Obligations, or in resolutions of the Board of Finance (to the 
extent authorized by this Ordinance), all Revenue Obligations shall be substan- 
tially in the following form, with appropriate insertions as therein indicated or as 
otherwise approved by the Board of Finance and with such modifications as may 
be appropriate for Refunding Notes, which form is hereby adopted by the City 
and all of the covenants and conditions therein contained are hereby made bind- 
ing upon the City, including the promise to pay therein contained: 

UNITED STATES OF AMERICA 

STATE OF MARYLAND 

MAYOR AND CITY COUNCIL OF BALTIMORE 

Project Revenue Notes 

(Ft. McHenry Tunnel Toll Facilities Project) 

No $5,000 

Dated 

MAYOR AND CITY COUNCIL OF BALTIMORE (the "City"), a municipal 
corporation organized and existing under the Constitution and laws of the State 
of Maryland, hereby acknowledges itself indebted and, for value received, prom- 
ises to pay to or registered assigns or legal representative, the 

principal sum of 

FIVE THOUSAND DOLLARS 

ON (or at such time as hereinafter provided) upon presentation and sur- 
render of this note and to pay interest thereon, from the date of this note until it 
matures at the rate or rates hereinafter specified on , 19 , and (semi- 
annually) (monthly) thereafter on the days of (and ) 

in each year by check or draft mailed to the registered owner hereof at his ad- 
dress as it appears on the registration books of the Director of Finance of the 
City, Note Registrar. 

Both the principal of and interest on this note will be paid in lawful money of 
the United States of America, at the time of payment. The principal of this note 
shall be payable upon presentation hereof at the principal office of 

This note shall be registered by the City upon the initial delivery hereof, in the 
name of the initial registered owner, as shown in the space provided above and 
on the registration books kept for that purpose at the office of the Note Registrar 
and, thereafter, this note shall be transferable only by endorsement hereon by 
the Director of Finance of the City to successive registered owners, and no such 
transfer shall be valid unless made on the registration books by the registered 
owner hereof in person or by his attorney duly authorized. Payment of this note 
and the interest hereon shall be made only to the person shown hereon and on 
such books to be the registered owner hereof on the date such payment is due. 



76 ORDINANCES Qrd. No. 26 

This note is one of a duly authorized issue of series of notes of the City ag- 
gregating ($ ) in principal amount, which are of the denomina- 
tion of Five Thousand Dollars ($5,000) each. These notes are numbered from one 
consecutively upwards and are of like tenor except as to number and are issued 
pursuant to Article II, subsection (50) of the Charter of Baltimore City, 1964 
Revision, as amended. 

It is hereby certified and recited that all conditions, acts and things required by 
the Constitution or statutes of the State of Maryland and the Charter of the City 
to exist, to have happened or to have been performed precedent to or in the is- 
suance of this note, exist, have happened and have been performed, and that the 
issuance of notes of which this is one, together with all other indebtedness of the 
City, is within every debt and other limit prescribed by said Constitution or 
statutes or Charter. 

IN WITNESS WHEREOF, this note has been executed by the manual or fac- 
simile signatures of the Mayor of the City and of the Director of Finance of the 
City, and the corporate seal of the City has been impressed hereon, attested by 
the manual signature of the Custodian or Alternate Custodian of the City Seal, 
all as of the day of , 19 

ATTEST MAYOR AND CITY COUNCIL 

OF BALTIMORE 



By 



Custodian or Alternate Mayor 

Custodian of the City Seal 

By 



Director of Finance 

(L) The Administrative Resolution shall be deemed to be of an administrative 
nature and shall take effect on and from the date of its passage. 

Sec. 5. And be it further ordained, That: 

(A) The Revenue Obligations (i) shall be payable solely and only from (1) 
Pledged Revenues, (2) amounts in any reserve fund established by the Board of 
Finance for payment of the principal of, premium on, if any, and interest on the 
Revenue Obligations, including any investment earnings on any such fund (to the 
extent provided by the Board of Finance), (3) unexpended proceeds of the 
Revenue Obligations, including investment earnings on such proceeds (to the ex- 
tent provided by the Board of Finance), and (4) other amounts legally available 
therefor, and (ii) shall not ever constitute within the meaning of any constitu- 
tional or charter provision or otherwise (a) an indebtedness of the City or any 
other political subdivision of the State of Maryland within the meaning of Section 
7 of Article II of the Constitution of Maryland, or (b) a charge against the general 
credit or taxing powers of the City. The issuance of the Revenue Obligations 
shall not constitute (directly, indirectly or contingently) an obligation, moral or 
otherwise, of the State of Maryland or of any political subdivision thereof, in- 



ORDINANCES 77 

eluding the City, to levy or pledge any form of taxation whatever therefor for 
their payment. 

(B) The Pledged Revenues, amounts in any reserve funds established by the 
Board of Finance for the payment of the principal of, premium on, if any, and in- 
terest on the Revenue Obligations, including investment earnings on any such 
fund (to the extent provided by the Board of Finance), and unexpended proceeds 
of the Revenue Obligations, including investment earnings on such proceeds (the 
"Pledged Amounts") are hereby pledged by the City to secure the repayment of 
the principal of, premium on, if any, and interest on the Revenue Obligations, 
subject to such limitations and restrictions as are established by the Board of 
Finance, The City represents and warrants that the Pledged Amounts will be 
free and clear of any pledge, lien, charge or encumbrance thereon or with respect 
thereto prior to, or of equal rank with, the pledge created by this Ordinance. The 
City covenants and agrees that it shall at all times, to the extent permitted by 
law, defend, preserve and protect the pledge of the Pledged Amounts, and all the 
rights of the holders of the Revenue Obligations under this Ordinance and the 
Administrative Resolution against all claims and demands of all persons whom- 
soever. 

(C) The Board of Finance may, in the Administrative Resolution, establish such 
arrangements or create such security devices as are appropriate to implement 
the pledge and encumbrance of the Pledged Revenues, subject to the Enabling 
Laws and this Ordinance. 

(D) UPON PAYMENT IN FULL OF THE PRINCIPAL OF, PREMIUM ON, 
IF ANY, AND INTEREST ON THE REVENUE OBLIGATIONS, AND PAY- 
MENT OF ALL PROJECT COSTS AND COSTS OF ISSUANCE, ANY RE- 
MAINING PLEDGED REVENUES SHALL BE PAJD OVER TO THE 
GENERAL FUND OF THE CITY. 

Sec. 6. And be it further ordained, That, the Board of Finance may establish 
from the proceeds of the Revenue Obligations or the Pledged Revenues or any 
other amounts whatsoever, one or more reserve funds for the Revenue Obliga- 
tions, including (without limitation) a Debt Service Reserve Fund, which fund or 
funds may be pledged to the payment of principal of, prenruum on, if any, and in- 
terest on such notes and bonds in the event that the Pledged Amounts for any 
year are insufficient to pay the principal of, premium on, if any, and interest on 
the Revenue Obligations for such year. This section shall not be deemed to 
preclude establishment of other reserve funds, the amounts in which are not 
Pledged Amounts, in connection with the Revenue Obligations. 

Sec. 7. And be it further ordained, That, the City shall not, except as provided 
in the Administrative Resolution, directly or indirectly extend or assent to the 
extension of the maturity of any of the Revenue Obligations or the time of pay- 
ment of any of the coupons or claims for interest on such Revenue Obligations. 
Nothing in this Section shall be deemed to limit the right of the City to issue 
Refunding Obligations and such issuance shall not be deemed to constitute an ex- 
tension of maturity of the Revenue Obligations or an extension of the time of 
payment of any coupons or claims for interest on the Revenue Obligations. 

Sec. 8. And be it further ordained. That, the City covenants that it will not 
amend, seek to amend or have amended any existing law, the City Charter or 



78 ORDINANCES Ord. No. 26 

current City procedures in any manner which would cause the covenants of the 
City contained in this Ordinance to be abrogated or breached. The City 
recognizes and acknowledges that its covenants with the holders of any Revenue 
Obligations are binding upon the City notwithstanding any change in applicable 
law, the Charter or current City procedures. 

Sec. 9. And be it further ordained, That, unless otherwise authorized under ap- 
plicable law, all Revenue Obligations shall be executed in the name of the Mayor 
and City Council of Baltimore and on its behalf by the manual or facsimile 
signature of the Mayor of the City and of the Director of Finance of the City and 
the corporate seal of the City shall be imprinted thereon, attested by the manual 
signature of the Custodian or the Alternate Custodian of the Seal of the City. 
However, if the Board of Finance finds that the nature of a transaction requires 
the use of a different manner of executing the Revenue Obligations which is 
nonetheless authorized under applicable law, the Board may by resolution 
establish a procedure to permit the use of uncertificated Revenue Obligations, in- 
cluding book-entry or umbrella certificates, or to permit the trustee for the 
Revenue Obligations, or a responsible trust company or other duly authorized 
trustee, depository, issuing agent or paying agent, to maintain an inventory of 
blank Revenue Obligations previously imprinted and signed, available for 
delivery to purchasers of Revenue Obligations under conditions which require 
prompt action and delivery. 

Sec. 10. And be it further ordained, That, the proceeds from the sale of the 
Revenue Obligations shall be paid to the Director of Finance for immediate 
deposit with the Trustees for the Revenue Obligations. The Trustee shall invest 
and disburse such proceeds in accordance with the Enabling Laws, this Or- 
dinance and the Administrative Resolution. 

Upon presentation to the Trustee of the appropriate vouchers therefor, as pro- 
vided in the Administrative Resolution, the Trustee shall pay, from the proceeds 
of each series of Revenue Obligations in his hands, all expenses incurred in the is- 
suance of such series of notes or bonds, including, without limitation, costs of 
engraving, printing, advertising, attorneys' fees, underwriting discount, place- 
ment fees, consultants' fees, bond insurance fees, rating agency fees, initial fees 
for letters of credit or lines of credit, initial fees of the Trustee (as hereinafter 
defined) and all other incidental expenses connected therewith (collectively re- 
ferred to herein as the "Costs of Issuance"). Nothing shall prevent the payment 
by the City of any underwriting discount or placement fee payable in connection 
with any series of Revenue Obligations by the deduction by the underwriters or 
placement agents of an amount equal to the discount or placement fee from the 
offering price of such series of Revenue Obligations. 

The Trustee shall credit to a special account on its books the amount, if any, of 
the proceeds of each series of Revenue Obligations designated as capitalized in- 
terest on such series of obligations. 

Prior to expenditure of the proceeds of any series of Revenue Obligations, the 
same or any part thereof may be invested by the Trustee, in accordance with the 
Administrative Resolution and within any limitation and in the manner provided 
by law. Upon presentation to the Trustee of appropriate requests therefor, as 
provided in the Administrative Resolution, the Trustee shall pay to the Director 



ORDINANCES 79 

of Finance from the proceeds of any series of Revenue Obligations, amounts for 
any of the purposes specified in this Ordinance and in the Administrative Resolu- 
tion. 

Sec. 11. Ajid be it further ordained, That, authority is hereby conferred on the 
Board of Finance, to take the following actions and to make the following com- 
mitments on behalf of the City: 

(1) to determine and set forth the form, terms, provisions (including redemp- 
tion provisions and sinking fund requirements, if any), manner or method of issu- 
ing and selling (including negotiated or competitive bid sale) and the time or 
times of issuance and any and all other details of the Revenue Obligations; 

(2) to prepare and distribute, in conjunction with the prospective underwriters 
or placement agents, if any, for the Revenue Obligations, preliminary and final 
official statements or placement memoranda or circulars as the Board of Finance 
deems necessary and appropriate in connection with the sale of the Revenue 
Obligations; provided, however, that any such preliminary official statements or 
placement memoranda or circulars shall be clearly marked to indicate that they 
are subject to completion and amendment; 

(3) to determine the dates, times and places when an underwriting or place- 
ment agreement or purchase contract shall be subniitted by the underwriters or 
placement agents for the Revenue Obligations or purchasers of the Revenue 
Obligations, such underwriting or placement agreement or purchase contract to 
specify the interest rate or rates proposed to be paid on the Revenue Obligations 
or the method of computing interest rates, the price at which such Revenue 
Obligations are to be sold to such underwriters, placement agents or purchasers, 
and such other matters as the underwriters, placement agents or purchasers and 
the Board of Finance may deem necessary or desirable in order to effect the sale 
and delivery of the Revenue Obligations; 

(4) to determine the interest rate or rates to be paid by the City on the Revenue 
Obligations in accordance with the proposed underv^iting or placement agree- 
ment or purchase contract submitted by the underwriters or placement agents 
for the Revenue Obligations or purchasers of the Revenue Obligations; 

(5) to appoint, as the Board of Finance deems necessary and appropriate, a 
bank having trust powers, or a trust company, as trustee for the Revenue Obliga- 
tions (The "Trustee"); 

(6) to approve the form of trust agreements between the City and the Trustee 
(which may be the Administrative Resolution), which trust agreements may (i) 
pledge or assign all or any part of the security for the Revenue Obligations so 
long as such provisions are consistent with the covenants contained in this 
Ordinance and the Administrative Resolution, (ii) contain reasonable and proper 
provisions for the protection and enforcement of the rights and remedies of the 
holders of the Revenue Obligations, (iii) set forth the rights and remedies of the 
holders of the Revenue Obligations and any Trustee and may restrict the in- 
dividual right of action by the holders of the Revenue Obligations and (iv) contain 
whatever other provisions are deemed reasonable and proper for the security of 
the holders of the Revenue Obligations; 



80 ORDINANCES Ord. No. 26 

(7) to approve the form of any agreements with a depository or transfer agent 
or registrar agent; and 

(8) to approve the form of any agreement by the terms of which the City 
derives or will derive Pledged Revenues, including the Project Disposition 
Agreement. 

The Board of Finance shall perform any and all actions necessary or deemed 
appropriate by such Board in order to effect the issuance and sale of the Revenue 
Obligations in accordance with and pursuant to this Ordinance and the under- 
writing or placement agreements or purchase contracts for the Revenue Obliga- 
tions. 

Sec. 12. And be it further ordained, That, prior to the sale of the Revenue 
Obligations, the Board of Finance, unless the City shall otherwise prescribe, may 
determine by resolution: 

(1) the provisions of trust between the City and the Trustee; 

(2) the manner of execution, authentication, registration and transfer of the 
Revenue Obligations; 

(3) provisions for authentication and delivery of the Revenue Obligations; 

(4) the terms of any private insurance, public insurance or any other security 
for the Revenue Obligations; 

(5) provisions for creation, holding and disbursement of any funds and accounts 
to be held by the Trustee or the Director of Finance; 

(6) provisions for the obtaining, securing application and use of the Pledged 
Revenues and the Pledged Amounts; 

(7) provisions for the security for and investment of moneys held by the 
Trustee or the Director of Finance; 

(8) the details of the procedure for any redemption of the Revenue Obligations; 

(9) remedies for holders of the Revenue Obligations in the event of default; 

(10) the duties, rights and immunities of the Trustee; 

(11) the manner of execution of instruments by holders of the Revenue Obliga- 
tions and the method of proof of ownership of the Revenue Obligations; 

(12) provisions for modification of this Ordinance, including amendment of this 
Ordinance to increase the aggregate amount of Revenue Obligations authorized 
hereunder; 

(13) provisions for defeasance of the Revenue Obligations; 

(14) the forms of the Revenue Obligations, coupons and the Trustee's authen- 
tication certificate; and 

(15) such other matters in connection with the authorization, issuance, securi- 
ty, sale and payment of the Revenue Obligations as may be deemed appropriate 
by the Board of Finance. 



ORDINANCES 81 

Any resolution or resolutions adopted pursuant to this Ordinance shall be 
deemed to be of an administrative nature. 

Sec. 13. And be it further ordained, That, the Board of Finance may by resolu- 
tion approve the renewal, restructuring, extension or modification of the terms 
of the Revenue Obligations, without the formal issuance of Refunding Obliga- 
tions, and with the benefit of the terms of this Ordinance, provided such action is 
otherwise consistent with the terms of this Ordinance. In connection with the is- 
suance of the Revenue Obligations, the City may find it necessary or appropriate 
to purchase the Revenue Obligations and hold them for resale rather than to have 
such purchase serve as a redemption of the Revenue Obligations. The Board of 
Finance may provide for such purchase, include any appropriate provisions in the 
form of Revenue Obligation to that effect, and provide that purchase of the 
Revenue Obligations by the City shall not be deemed a redemption unless other- 
wise indicated by the City by cancellation of the Revenue Obligation or other- 
wise. 

Sec. 14. And be it further ordained, That, the Board of Finance may, prior to 
the implementation of any financing program described herein, select and retain 
legal counsel to assist in the establishment of the program and to perform such 
services as are necessary or desirable in connection therewith. 

Sec. 15. And be it further ordained, That, although this Ordinance provides 
for, and the Administration Resolution shall provide for, a pledge of the Pledged 
Amounts with respect to the Revenue Obligations, nothing in this Ordinance 
shall be deemed to preclude a pledge, with respect to the Revenue Obligations, of 
revenues of and amounts held in other funds, accounts, facilities or ar- 
rangements if authorized by applicable law. 

Sec. 16. And be it further ordained, That, if any action or any matter delegated 
to the Board of Finance, or authorized for implementation by the Board of 
Finance, shall not be acted upon the Board of Finance, such actions and matters 
may be acted upon or implemented by a resolution approved by the City Council 
of the City, which is subsequently approved by the Mayor or acting Mayor of the 
City. 

Sec. 17. And be it further ordained, That, the Mayor and the Chief, Bureau of 
Treasury Management shall be two of the officers of the City responsible for the 
issuance of the Revenue Obligations within the meaning of Section 103(c) of the 
Internal Revenue Code of 1954, as amended ("Section 103(c)") and the applicable 
regulations thereunder (the "Arbitrage Regulations"). The Mayor and the Chief, 
Bureau of Treasury Management shall also be the officers of the City responsible 
for the execution and delivery (on the date of issuance of each series of Revenue 
Obligations) of a certificate of the City (the "Section 103(c) Certificate") which 
complies with the requirements of Section 103(c) and the Arbitrage Regulations, 
and such officials are hereby authorized and directed to execute the Section 
103(c) Certificate and to deliver the same to Bond Counsel on the date of the is- 
suance of each series of Revenue Obligations. 

The City shall set forth in the Section 103(c) Certificate its reasonable expecta- 
tions as to relevant facts, estimates and circumstances relating to the use of the 



82 ORDINANCES Ord. No. 26 

proceeds of the series of Revenue Obligations, or of any monies, securities or 
other obhgations to the credit of any account of the City which may be deemed to 
be proceeds of the series of Revenue Obligations pursuant to Section 103(c) or 
the Arbitrage Regulations (collectively, "Revenue Obligation Proceeds"). The 
City covenants with each of the holders of any of the Revenue Obligations that (i) 
the facts, estimates and circumstances set forth in the Section 103(c) Certificate 
will be based on the City's reasonable expectations on the date of issuance of the 
series of Revenue Obligations and will be, to the best of the certifying officials' 
knowledge, true and correct, as of that date. 

The City covenants with each of the holders of any of the Revenue Obligations 
that it will not make, or (to the extent that it exercises control or direction) per- 
mit to be made, any use of the Revenue Obligation Proceeds which would cause 
the Revenue Obligations to be "arbitrage bonds" within the meaning of Section 
103(c) and the Arbitrage Regulations. The City further covenants that it will 
comply with Section 103(c) of the Internal Revenue Code of 1954, as amended, 
and the regulations thereunder which are applicable to the Revenue Obligations 
on the date of issuance of the notes and which may subsequently lawfully be 
made applicable to the Revenue Obligations. 

Sec. 18. And be it further ordained, That, the covenants of the City contained 
in this Ordinance shall be for the benefit of the holders of the Revenue Obliga- 
tions from time to time and shall be enforceable by such holders, subject to any 
limitations set forth in the Administrative Resolution. 

Sec. 19. And be it further ordained, That, the provisions of this ordinance are 
severable, and if any provision, sentence, clause, section or part hereof is held il- 
legal, invalid or unconstitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect 
or impair any of the remaining provisions, sentences, clauses, sections, or parts 
of this ordinance or its application to other persons or circumstances. It is hereby 
declared to be the legislative intent that this ordinance would have been adopted 
if such illegal, invalid or unconstitutional provision, sentence, clause, section or 
part had not been included herein, and if the person or circumstances to which 
this ordinance or any part thereof is inapplicable had been specifically exempted 
herefrom. 

Sec. 20. And be it further ordained, That, this Ordinance shall take effect from 
the date of its passage. 

Approved March 14, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 83 

No. 27 
(Council No. 90) 

AN ORDINANCE concerning . 

IMPOUNDING AREA-ELLICOTT STREET 

FOR the purpose of designating both sides, from Water Street to Lombard 
Street, of Ellicott Street, as an impounding area. 

By adding 

Article 3 1 - Transit and Traffic 

Section 105(1 1/2) 

Baltimore City Code (1983 Replacement Volume) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added, 
repealed, or amended to read as follows: 

ARTICLE 31 -TRANSIT AND TRAFFIC 
Impounding Areas 
105. E Streets. 
(1 1/2) Ellicott Street, both sides from Water Street to Lombard Street. 

Sec. 2. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 



Approved March 16, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 28 
(Council No. 16) 

AN ORDINANCE concerning 

CITY PROPERTY -SALE 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to sell 
at either public or private sale all of the interest of the Mayor and City Council 
of Baltimore in and to a certain parcel of land no longer needed for public use, 
located at the northeast corner of Ivymount Road and Rogene Drive, 
Baltimore, Maryland, containing 241,771.06 square feet or 5.5503 acres of 
land, more or less. 



84 ORDINANCES Ord. No. 28 

BY authority of 

Article V -Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

Section \. Beit ordained by the Mayor and City Council of Baltimore, That 
the Comptroller of Baltimore City be and he is hereby authorized to sell at either 
public or private sale in accordance with Article V, Section 5(b) of the City 
Charter, all of the interest of the Mayor and City Council of Baltimore in and to a 
certain parcel of land situate in Baltimore, Maryland, and described as follows: 

Beginning for the same at the intersection of the northeast corner of Ivy- 
mount Road, 50 feet wide, and Rogene Drive, 50 feet wide, running thence 
and binding on the northeast side of Ivymount Road the three following 
courses and distances, viz: (1) North 5 degrees 57 minutes 20 seconds West 
26.73 feet, (2) northwesterly by a line curving to the left with a radius of 1,035 
feet for a distance of 362.09 feet (the chord of said arc being North 15 degrees 
58 minutes 40 seconds West 360.24 feet) and (3) North 26 degrees 00 minutes 
00 seconds West 21.11 feet, thence leaving Ivymount Road, herein referred to, 
North 89 degrees 06 minutes 10 seconds East 70.00 feet to the end of the 8th 
line of the land which by Deed dated December 1, 1950 and recorded among 
the Land Records of Baltimore City in Liber M.L.P. No. 8296, Folio 419 was 
conveyed by The Culmor Company to The Bonnie View Country Club, Inc., 
thence binding on the 8th line reversely and in part North 87 degrees 59 
minutes 06 seconds East 739.32 feet, thence leaving said line South 00 degrees 
43 minutes 50 seconds East 205.00 feet to the North side of Rogene Drive, 
secondly herein referred to, thence binding on the North side of Rogene Drive 
the four following courses and distances, viz: (1) southwesterly by a line curv- 
ing to the left with a radius of 1,210 feet for a distance of 182.30 feet (the 
chord of said arc being South 68 degrees 50 minutes 08 seconds West 182.13 
feet), (2) South 64 degrees 31 minutes 10 seconds West 95.00 feet, (3) 
southwesterly by a line curving to the right with a radius of 1,054.53 feet for a 
distance of 359.36 feet (the chord of said arc being South 74 degrees 16 
minutes 55 seconds West 357.62 feet) and (4) South 84 degrees 02 minutes 40 
seconds West 100.97 feet to the place of beginning. 

Containing 241,771.06 square feet or 5.5503 acres of land, more or less. 

All courses and distances in the above description are referred to the true meri- 
dian as adopted by the Baltimore Survey Control System. 

Said property being no longer needed for public use. 

Sec. 2. And be it further ordained, That no deed or deeds shall pass in accord- 
ance herewith until the same shall have been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved March 26, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 85 

No. 29 

(Council No. 74) 

AN ORDINANCE concerning 

EMPLOYEES' RETIREMENT SYSTEM 

FOR the purpose of providing that members of the Employees' Retirement 
System and beneficiaries of deceased members who retired between Janu- 
ary 1, 1926 and April 18, 1974 shall have their pensions determined on the 
average final compensation of three consecutive years of service in which the 
compensation was highest rather than five consecutive years of service; and 
providing for the prospective application of this ordinance. 

BY adding to 

Article 22 - Retirement Systems 

Subtitle -Employees' Retirement System 

Section l(ll-b) 

Baltimore City Code (1983 Replacement Volume) 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added, 
repealed, or amended, to read as follows: 

ARTICLE 22 -RETIREMENT SYSTEMS 

Employees' Retirement System 

1. Definitions. 

(U-B) BEGINNING WITH THE FIRST DA Y OF THE FIRST FULL PA Y 
PERIOD jiFTER JULY 1, 1984, ANY MEMBER WHO RETIRED BETWEEN 
JANUARY 1, 1926 AND APRIL 18. 197^, OR THE MEMBER'S 
BENEFICIARY, SHALL HAVE THE RETIREMENT ALLOWANCE POR- 
TION OF THE TOTAL RETIREMENT BENEFIT RECALCULATED ON 
THE MEMBERS AVERAGE FINAL COMPENSATION AS DEFINED IN 
SUBSECTION (11) OF SECTION 1. THE TOTAL DIFFERENCE BETWEEN 
THE AVERAGE FINAL COMPENSATION CALCULATED AT THE TIME 
OF RETIREMENT AND THE CALCULATION BASED ON AVERAGE 
FINAL COMPENSA TION BASED ON 3 YEARS SHALL BE ADDED TO THE 
PRESENT ANNUAL ALLOWANCE BEING RECEIVED-,. HOWEVER, NO 
RETROACTIVE PA YMENTS FOR ANY INCREASES SHALL BE MADE TO 
ELIGIBLE BENEFICIARIES OF DECEASED MEMBERS AND MEMBERS 
RETIRED BEFORE APRIL 19. 1971,. 

Sec. 2. And be it further ordained. That this ordinance shall take effect July 1, 
1984. 

Approved March 26, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



86 ORDINANCES Ord. No. 30 

No. 30 

(Council No. 113) 

AN ORDINANCE concerning 

CITY STREET-OPENING OF WATER STREET 

FOR the purpose of condemning and opening Water Street, varying in width, ex- 
tending from Grant Street, southwesterly to ElHcott Street in accordance 
with a plat thereof numbered 338- A- 18, prepared by the Surveys and Records 
Division and filed in the Office of the Department of Public Works, on the Six- 
teenth (16th) day of January, 1984. 

BY authority of 

Article I -General Provisions 

Section 4 

Article II -General Provisions 

Sections- 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended). 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
the Department of Public Works, be and they are hereby authorized and directed 
to condemn and open Water Street, varying in width, extending from Grant 
Street, southwesterly to Ellicott Street the street hereby directed to be con- 
demned for said opening being described as follows: 

Beginning for the same at the point formed by the intersection of the north- 
west side of Water Street, varying in width and the west side of Grant Street, 
as now laid out, and running thence binding on the west side of said Grant 
Street, Southerly 24 feet, more or less, to intersect the southeast side of said 
Water Street; thence binding on the southeast side of said Water Street, 
Southwesterly 49 feetj- , more or less, to intersect the east side of Ellicott 
Street, as now laid out; thence by a straight line, Northwesterly 33 feet, more 
or less, to the point formed by the intersection of the northwest side of said 
Water Street and the west outline of the property known as No. 108/110 
Water Street and thence binding on the northwest side of said Water Street, 
Northeasterly 68 feet, more or less, to the place of beginning. 

the said Water Street as directed to be condemned being more particularly 
described and referred to among the Land Records of Baltimore City and 
delineated and particularly shown on a plat numbered 338-A-18 which was filed 
in the Office of the Department of Public Works on the Sixteenth (16th) day of 
January, in the year 1984 and is now on file in said Office. 

Sec. 2. And be it further ordained, That the proceedings of said Department of 
Public Works, with reference to the condemnation and opening of said Water 
Street and the proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, any and all applicable 
provisions of Article 4 of the Code of Public Local Laws of Maryland and the 
Charter of Baltimore City (1964 Revision) as amended to July 1, 1973 and any 
and all amendments thereto, and any and all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and City Council of 



ORDINANCES 87 

Baltimore, and any and all rules or regulations in effect which have been adopted 
by the Director of Public Works and filed with the Department of Legislative 
Reference. 

Sec. 3. And be it further ordained, That this Ordinance shall take effect from 
the date of its passage. 

Approved March 26, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 31 
(Council No. 114) 

AN ORDINANCE concerning 

CITY STREET-CLOSING OF WATER STREET 

FOR the purpose of condemning and closing Water Street, varying in width, ex- 
tending from Grant Street, southwesterly to Ellicott Street in accordance 
with a plat thereof numbered 336 - A - 18 338- A- 18 A, prepared by the Surveys 

and Records Division and filed in the Office of the Department of Public Works, 

on the Sixteenth (16th) day of January, 1984. 

BY authority of 

Article I -General Provisions 

Section 4 

Article II -General Provisions 

Sections -2, 34, 35 

Baltimore City Charter (1964 Revision, as amended). 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
the Department of Public Works, be and they are hereby authorized and directed 
to condemn and close Water Street, varying in width, extending from Grant 
Street, southwesterly to Ellicott Street the street hereby directed to be con- 
demned for said closing being described as follows: 

Beginning for the same at the point formed by the intersection of the north- 
west side of Water Street, varying in width and the west side of Grant Street, 
as now laid out, and running thence binding on the west side of said Grant 
Street, Southerly 24 feet, more or less, to intersect the southeast side of said 
Water Street; thence binding on the southeast side of said Water Street, 
Southwesterly 49 feetj- , more or less, to intersect the east side of Ellicott 
Street, as now laid out; thence by a straight line. Northwesterly 33 feet, more 
or less, to the point formed by the intersection of the northwest side of said 
Water Street and the west outline of the property known as No. 108/110 
Water Street and thence binding on the northwest side of said Water Street, 
Northeasterly 68 feet, more or less, to the place of beginning. 



88 ORDINANCES Ord. No. 31 

the said Water Street as directed to be condemned being more particularly 
described and referred to among the Land Records of Baltimore City and 
deUneated and particularly shown on a plat numbered 338-A-18A which was filed 
in the Office of the Department of Public Works on the Sbcteenth (16th) day of 
January, in the year 1984 and is now on file in said Office. 

Sec. 2. And be it further ordained, That after said highway or highways shall 
have been closed under the provisions of this Ordinance, all subsurface struc- 
tures and appurtenances now owned by the Mayor and City Council of Baltimore, 
shall be and continue to be the property of the Mayor and City Council of 
Baltimore, in fee simple, until the use thereof shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event that any person, firm or corpora- 
tion shall desire to remove, alter or interfere therewith, such person, firm or cor- 
poration shall first obtain permission and permits therefor from the Mayor and 
City Council of Baltimore, and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind and nature made 
necessary by such removal, alteration or interference. 

Sec. 3. And be it further ordained, That no building or structures of any kind 
shall be constructed or erected in said portion of said highway or highways after 
the same shall have been closed under the provisions of this Ordinance until the 
subsurface structures and appurtenances now owned by the Mayor and City 
Council of Baltimore, over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall have been removed 
and relaid in accordance with the specifications and under the direction of the 
Director of Public Works of Baltimore City, and at the expense of the person or 
persons or body corporate desiring to erect such buildings or structures. Railroad 
tracks shall be taken to be "structures" within the meaning of this section. 

Sec. i. And be it further ordained, That after said highway or highways shall 
have been closed under the provisions of this Ordinance, all subsurface struc- 
tures and appurtenances owned by any person, firm or corporation, other than 
the Mayor and City Council of Baltimore, shall upon notice from the Director of 
Public Works of Baltimore City, be promptly removed by and at the expense of 
the said owners. 

Sec. 5. And be it further ordained, That on and after the closing of said 
highway or highways, the said Mayor and City Council of Baltimore, acting 
through its duly authorized representatives, shall, at all times, have access to 
said property and to all subsurface structures and appurtenances used by it 
therein, for the purposes of inspection, maintenance, repair, alteration, reloca- 
tion and/or replacement, of any or all of said structures and appurtenances, and 
this without permission from or compensation to the owner or owners of said 
land. 

Sec. 6. And be it further ordained, That the proceedings of said Department of 
Public Works with reference to the condemnation and closing of said Water 
Street and the proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, any and all applicable 
provisions of Article 4 of the Code of Public Local Laws of Maryland and the 
Charter of Baltimore City (1964 Revision) as amended to July 1, 1973 and any 



ORDINANCES 89 

and all amendments thereto, and any and all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and City Council of 
Baltimore, and any and all rules or regulations in effect which have been adopted 
by the Director of Public Works and filed with the Department of Legislative 
Reference. 

Sec. 7. And be it further ordained, That this Ordinance shall take effect from 
the date of its passage. 

Approved March 26, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 32 
(Council No. 188) 

AN ORDINANCE concerning 

EMINENT DOMAIN -COLTS FOOTBALL CLUB 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to ac- 
quire by purchase or condemnation any and all rights, titles, and interests 
necessary or convenient to retain in Baltimore City the professional football 
club known as the Colts; to dispose of the same, and relating generally to the 
foregoing. 

BY authority of 

Article II -General powers 

Sections 2, 15 and 47 

Baltimore City Charter (1964 Revision as Amended) 

FINDINGS AND DECLARATIONS 

The Mayor and City Council of Baltimore finds and declares. That 

1. The Mayor and City Council of Baltimore (the "City") has engaged in an ex- 
tensive program of economic and urban development and redevelopment, 

2. An integral part of this program has been the establishment of tourist at- 
tractions and facilities, including, without limitation, the construction of the Con- 
vention Center, financial assistance and other aid for Development of new hotel 
accommodations and for the renovation of existing hotel accommodations. 

3. The existence of a number of teams engaged in professional sports within 
Baltimore City has had a salutary effect on the welfare of the inhabitants of this 
City and contributed substantially both directly and indirectly, to the economic 
development and general welfare of Baltimore City. 



90 ORDINANCES Ord. No. 32 

4. It is in the furtherance of the public interest that such teams continue to 
operate in Baltimore City and represent the City in the several leagues or 
associations devoted to professional sports. 

5. Irreparable harm and injury would result to the City if it were to lose the 
team representing the City in the National Football League. 

6. The Constitution and By-Laws of the National Football League prohibit 
municipal ownership and operation of a National Football League franchise, but 
does not preclude the City from acquiring the franchise and all rights incidental 
thereto and transferring the same to private entities. 

7. It is necessary for the City to acquire the National Football League franchise 
rights now owned or exercised by the Baltimore Colts, as well as all other mat- 
ters and things necessary and appropriate to the ownership and operation of 
such a franchise, in order that they may be transferred to an entity which will 
assure the City of continued representation in the National Football League. 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
the City is authorized to acquire by purchase or condemnation and to dispose of 
any and all of the following incidents of ownership and operation of any entity or 
entities (collectively the "Entity") franchised by the National Football League to 
operate a professional football club in Baltimore City, where the Entity has in 
fact operated such a football club in Baltimore City from or after January 1, 
1983: 

1. Franchise and other rights granted by the National Football League to the 
Entity; 

2. All contract rights of the Entity including, without limitation, contracts for 
personal services; and contracts for provision of goods and services to the Entity 
or from the Entity; 

3. All licenses, easements, grants, and negotiating rights belonging to the 
Entity; 

4. All indicia of ownership including, without limitation, shares of stock, 
general partnership interests and limited partnership interests in the Entity; 

5. All leases, agreements and rights in real property used or useful in the 
operation of a National Football League and owned by the Entity; 

6. All other rights and interests of any kind or nature whatsoever necessary 
and appropriate to the ownership and operation of a National Football League 
professional football club, owned by the Entity or to which the Entity may have a 
future claim or right. 

Sec. 2. And be it further ordained, That the Mayor of Baltimore City, or such 
other person authorized by law, shall exercise the power hereby granted in the 
manner provid^ed by law. 

Sec. 3. And be it further ordained, That in the event it be judicially deter- 
mined, that any word, phrase, clause, sentence, paragraph, section or part in or 
of this ordinance, or the application thereof to any person or circumstance, is in- 
valid, the remaining provisions and the application of such provisions to other 



ORDINANCES 91 

persons or circumstances shall not be affected thereby, the Mayor and City 
Council hereby declaring that they would have ordained the remaining provisions 
of this ordinance without the word, phrase, clause, sentence, paragraph, section 
or part of the application thereof so held invalid. 

Sec. 4. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 



Approved March 30, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 33 
(Council No. 18) 

AN ORDINANCE concerning 

FARMERS' MARKETS 

FOR the purpose of prohibiting sales of food and goods within 300 feet of 
farmers' markets; providing for an exception for businesses located within 300 
feet of a farmers' market; defining certain terms; providing a penalty; and 
generally relating to sales of food and goods within 300 feet of farmers' 
markets. 

By adding to: 

Article 19- Police Ordinances 

Subtitle -Street Regulations 

Section 165 A 

Baltimore City Code (1983 Replacement Volume) 

Section I. Be it ordained by the Mayor and City Council ofBaltiivx>re, That 
section(s) of the Baltimore City Code (1983 Replacement Volume) be added, 
repealed, or amended to read as follows: 

■ Article 19 -Police Ordinances 
Street Regulations 

Sales Near Farmers' Markets 
165A. Sales near farmers' markets - prohibited. 

(a) A person shall not sell any food, goods, mares, or merchandise on any alley, 
sidewalk, or street within 300 feet of the perimeter of any farmers' market 
authorized by the Commissioner of Housing and Community Development when 
the farmers' market is in operation. 

(b) (1) Alley, sidewalk, and street shall be defined as those terms are defined in 
Article 31, Transit and Traffic. Section 28 in the Baltimore City Code (1983 
Replacement Volume). 



92 ORDINANCES Ord. No. 34 

(2) Person means any individual, partnership, firm, association, corpora- 
tion, joint venture, or any other business entity. Person also means any person 
who is licensed to sell food or goods on public streets, sideunilks, or alleys by the 
City of Baltimore or the State of Maryland. 

(c) The provisions of this section shall not apply to persons who operate 
businesses located in permanent structures within SOO feet of farmers' markets. 

(d) Any person who violates the provisions of this section shall be guilty of a 
misdemeanor and upon conviction shall be fined not more than $1,000 for each 
violation. 

Sec. 2. And be it further ordained, That this ordinance shall take effect 30 days 
from the date of its passage. 

Approved March 29, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 34 
(Council No. 156) 

AN ORDINANCE concerning 

SINGLE-FAMILY MORTGAGE REVENUE BONDS 
(BALTIMORE CITY LOAN PROGRAM) 

FOR the purpose of authorizing and providing for the amendment of Ordinance 
No. 1040, approved May 24, 1979, as amended by Ordinance No. 1211, ap- 
proved November 30, 1979, as amended by Ordinance No. 147, approved 
September 2, 1980, relating to the authorization of issuance by the Mayor and 
City Council of Baltimore (the "City") of its revenue bonds designated "Single- 
Family Mortgage Revenue Bonds (Baltimore City Loan Program)" in the ag- 
gregate principal amount not exceeding $100,000,000 to amend a recital of 
such Ordinance to permit use of mortgage loan proceeds to finance the pur- 
chase by a tenant of a residential apartment building converted to con- 
dominium units if the tenant, at the time of conversion, occupied an apartment 
unit in the building or complex converted to condominiums. 

RECITALS 

The Mayor and City Council of Baltimore (the "City") adopted Ordinance No. 
1040; approved May 24, 1979, as amended by Ordinance No. 1211, approved 
November 30, 1979, as amended by Ordinance No. 147, approved September 2, 
1980, relating to the authorization of issuance by the City of its revenue bonds 
designated "Single-Family Mortgage Revenue Bonds (Baltimore City Loan Pro- 
gram)". Item I of the Recitals of such Ordinance stated that the City had deter- 
mined not to use proceeds of the Bonds for mortgage loans made for financing 
conversion of existing residential apartments to condominium units. The City 



ORDINANCES 93 

has determined that financing of purchases by existing tenants in existing apart- 
ment buildings converted to condominiums is necessary and appropriate to effect 
the proper operation of the mortgage loan program and the desire of the City to 
meet its housing objectives. 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
Item I of the Recitals of Ordinance No. 1040, approved May 24, 1979, as amend- 
ed by Ordinance No. 1211, approved November 30, 1979, as amended by Or- 
dinance No. 147, approved September 2, 1980, is hereby repealed, amended or 
enacted to read as follows: 

The City has determined not to use proceeds of the Bonds for mortgage loans 
made for financing conversion of existing residential apartments to con- 
dominium units except to finance the purchase by a tenant of a residential apart- 
ment building converted to condominium units if the tenant, at the time of con- 
version, occupied an apartment unit in the building or complex converted to con- 
dominiums. 

Sec. 2. And be it further ordained, That this Ordinance shall take effect from 
the date of its passage. 

Approved March 29, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 35 
(Council No. 48) 

AN ORDINANCE concerning 

REZONING-412-20 WEST REDWOOD STREET 

FOR the purpose of changing the zoning for the properties known as 412-20 
West Redwood Street from the M-1-3 Zoning District to the B-4-2 Zoning 
District as outlined in red on the plats accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 55 
Article 30 -Zoning 
Baltimore City Code (1983 Replacement Volume) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
Sheet No. 55 of the Zoning District Maps of Article 30 of the Baltimore City Code 
(1983 Replacement Volume) title "Zoning" be and it is hereby amended by chang- 
ing from the M-1-3 Zoning District to the B-4-2 Zoning District the properties 
known as 412-20 West Redwood Street as outlined in red on the plats accom- 
panying this ordinance. 



94 ORDINANCES 



Ord. No. 36 



Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning Commission, the Commis- 
sioner of the Department of Housing and Community Development, the Super- 
visor of Assessments for Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 



Approved April 13, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 36 
(Council No. 129) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION -DEPARTMENT OF EDUCATION 

FOR the purpose of providing a supplementary general fund appropriation in the 
amount of Four Hundred Thousand Dollars ($400,000) to the Department of 
Education to be used for additional educational services for exceptional 
children. 

BY authority of 

Article VI -Board of Estimates 

Section 2(hX3) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents revenue produced by the 
City Property Insurance Fund in excess of the amount from this source which 
was estimated and relied upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1984 fiscal year, and said money is 
therefore available for appropriation to the Department of Education pursuant 
to the provisions of Article VI, Section 2(hX3) of the Baltimore City Charter 
(1964 Revision as amended); and 

Whereas, the additional sum here appropriated is for a program included in 
the current principal Ordinance of Estimates and is made necessary by a 
material change in circumstances since the formulation and adoption of such or- 
dinance, in accordance with Article VI, Section 2(hX3) of said Charter; and 

Whereas, the supplementary general fund appropriation ordained herein has 
been recommended to the City Council by the Board of Estimates, said recom- 



ORDINANCES 95 

mendation having been made at a regular meeting of said Board held on the 
eighth day of February, 1984, all in accordance with Article VI, Section 2(hX3) of 
said Charter. 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
under the provisions of Article VI, Section 2(hX3) of the 1964 revision of the 
Charter of Baltimore City, as amended, the sum of Four Hundred Thousand 
Dollars ($400,000) shall be made available to the Department of Education as a 
supplementary general fund appropriation for the fiscal year ending June 30, 
1984, for the purpose of additional educational services for exceptional children. 
The amount thus made available as a supplementary general fund appropriation 
shall be expended from revenue derived from the City Property Insurance Fund 
in excess of the amount from this source which was estimated or relied upon in 
determining the tax levy required to balance the budget for the 1984 fiscal year; 
and said funds from said City Property Insurance Fund shall be the source of 
revenue for this supplementary general fund appropriation, as required by Arti- 
cle VI, Section 2(hX3) of the Baltimore City Charter (1964 Revision as amended). 

Sec. 2. And be it further ordained. That this ordinance shall take effect from 
the date of its passage. 



Approved April 13, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 37 
(Council No. 130) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION -DEPARTMENT OF EDUCATION 

FOR the purpose of providing a supplementary general fund appropriation in the 
amount of One Million Dollars ($1 ,000,000) to the Department of Education to 
be used for additional educational services for exceptional children. 

BY authority of 

Article VI -Board of Estimates 

Section 2(hX3) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents revenue produced by 
State Aid for the Department of Education in excess of the amount from this 
source which was estimated and relied upon by the Board of Estimates in deter- 
mining the tax levy required to balance the budget for the 1984 fiscal year, and 
said money is therefore available for appropriation to the Department of Educa- 
tional pursuant to the provisions of Article VI, Section 2(hX3) of the Baltimore 
City Charter (1964 Revision as amended); and 



96 ORDINANCES Ord. No. 38 

Whereas, the additional sum here appropriated is for a program included in 
the current principal Ordinance of Estimates and is made necessary by a 
material change in circumstances since the formulation and adoption of such or- 
dinance, in accordance with Article VI, Section 2(hX3) of said Charter; and 

Whereas, the supplementary general fund appropriation ordained herein has 
been recommended to the City Council by the Board of Estimates, said recom- 
mendation having been made at a regular meeting of said Board held on the 
eighth day of February, 1984, all in accordance with Article VI, Section 2(hX3)of 
said Charter. 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
under the provisions of Article VI, Section 2(hX3) of the 1964 revision of the 
Charter of Baltimore City, as amended, the sum of One Million Dollars 
($1,000,000) shall be made available to the Department of Education as a sup- 
plementary general fund appropriation for the fiscal year ending June 30, 1984, 
for the purpose of additional educational services for exceptional children. The 
amount thus made available as a supplementary general fund appropriation shall 
be expended from revenue derived from State Aid for the Department of Educa- 
tion in excess of the amount from this source which was estimated or relied upon 
in determining the tax levy required to balance the budget for the 1984 fiscal 
year; and said funds from said State Aid shall be the source of revenue for this 
supplementary general fund appropriation, as required by Article VI, Section 
2(hX3) of the Baltimore City Charter (1964 Revision as amended). 

Sec. 2. And be it further ordained. That this ordinance shall take effect from 
the date of its passage. 

Approved April 13, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 38 
(Council No. 20) 



AN ORDINANCE concerning 



PARKING -RESERVED 
GLYNDON STREET 

FOR the purpose of providing for reserved parking on Glyndon Avenue near 
Ostend Street for Anthony B. Griffin displaying a permit. 

Section I.Beit ordained by the Mayor and City Council of Baltimore, That on 
the north side of Glyndon Avenue, from a point 169* west of Ost«nd Street to 
point 191' west of Ostend Street, parking is reserved for Anthony B. Griffin 
displaying a permit. 



ORDINANCES 97 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 



Approved April 16, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 39 
(Council No. 42) 



AN ORDINANCE concerning 



CITY PROPERTY -RIGHT OF WAY FOR MUNICIPAL UTILITIES 
AND SERVICES THRU THE PROPERTIES KNOWN AS NOS. 1718/1722, 
1724 AND 1728 W. NORTH AVENUE, SANITARY CONTRACT NO. 653. 

FOR the purpose of authorizing the acquisition by purchase or condemnation by 
the Mayor and City Council of Baltimore of the fee simple interests or such 
other interests as the Director of The Department of Public Works may deem 
necessary or sufficient, in and to certain pieces or parcels of land situate in 
Baltimore City for Public Utility Right of Way for an 8 inch Sanitary Sewer 
and/or other municipal utilities and services through the properties known as 
Nos. 1718/1722, 1724 and 1728 W. North Avenue, Sanitary Contract No. 653; 
the location and course of said Public Utility Right of Way being shown on a 
plat thereof numbered 117-C-20 prepared by the Surveys and Records Divi- 
sion and filed in the Office of the Director of The Department of Public Works 
on the Seventh (7th) day of October, 1983. 

BY authority of 

Article I -General Provisions 

Section -4 

Article II -General Provisions 

Section -2 
Baltimore City Charter (1964 Revision, as amended). 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That it 
is necessary to acquire by purchase or condemnation for Public Utility Right of 
Way purposes, namely, for the construction and maintenance of the 8 inch 
Sanitary Sewer and/or other municipal utilities and services through the proper- 
ties known as Nos. 1718/1722, 1724 and 1728 W. North Avenue, Sanitary Con- 
tract No. 653; the fee simple interests or such other interests as the Director of 
The Department of Public Works may deem necessary, in and to the pieces or 
parcels of land, situate in Baltimore City, including the improvements thereon, 
bottftd BOUNDED as follows: 

Beginning for the same at a point on the north side of North Avenue, 100 
feet wide, distant North 86°-50'-20" East 157.2 feet, more or less, measured 
along the north side of said North Avenue from the east side of Fulton Avenue 
and running thence by straight lines through the property known as No. 1724 



98 ORDINANCES Ord. No. 39 

W. North Avenue, the two following courses and distances; namely, Northerly 
76 feet and Westerly 15 feet, more or less, to intersect the division line be- 
tween the properties known as No. 1724 and No. 1726 W. North Avenue; 
thence binding on said division line, Northerly 9 feet, more or less, to the 
center line of a 10 foot alley laid out in the rears of the properties known as No. 
1652 through and including No. 1744 A W, North Avenue; thence binding on 
the center line of said 10 foot alley. Westerly 14 feet, more or less, to the divi- 
sion line between the properties known as No. 1726 and No. 1728 W. North 
Avenue; thence binding on last said division line. Southerly 9 feet, more or 
less, to intersect the line of the second line of this description, if projected 
westerly; thence binding on said line so projected through the property known 
as No. 1728 W. North Avenue, Westerly 14 feet, more or less, to intersect the 
division line between the properties known as No, 1728 and No. 1730 W. 
North Avenue; thence binding on last said division line, Northerly 9 feet, more 
or less, to the center line of last said 10 foot alley; thence binding on the center 
line of last said 10 foot alley, Easterly 6 feet, more or less, to the line of the 
center line of a 10 foot alley laid out in the rears of the properties known as 
NO. 1901 through and including No. 1925 N. Fulton Avenue, if projected 
southerly; thence binding reversely on last said line so projected, Northerly 5 
feet, more or less, to intersect the north side of the 10 foot alley mentioned 
firstly herein; thence binding on the north side of the 10 foot alley mentioned 
firstly herein; Easterly 85 feet, more or less, to intersect the line of the divi- 
sion line between the properties known as No. 1716 and No. 1718/1722 W. 
North Avenue, if projected northerly; thence binding in part reversely on last 
said line so projected, in part on last said division line, and in all. Southerly 14 
feet, more or less; thence by a straight line through the property known as No. 
1718/1722 W. North Avenue, Westerly 33 feet, more or less, to intersect a line 
drawn parallel with and distant 15.00 feet easterly, measured at right angles 
from the first line of this description; thence binding reversely on said \\ne so 
drawn through last said property, Southerly 76 feet, to intersect the north side 
of said North Avenue and thence binding on the north side of said North 
Avenue, South 86°-50'-20" West 15 feet, more or less, to the place of begin- 
ning. 

Including all property, rights, interests, easements and/or franchises 
necessary for said Public Utility Right of Way and the construction and 
maintenance of said 8 inch Sanitary Sewer and/or other municipal utilities and 
services in said Public Utility Right of Way, the location and course of said Public 
Utility Right of Way being shown on a plat thereof numbered 1 17-C-20, prepared 
by the Surveys and Records Division and filed in the office of the Director of the 
Department of Public Works on the Seventh (7th) day of October, 1983. 

Any mention or reference to any streets, roads, avenues, highways or alleys in 
this Ordinance or on the plat referred to herein are for the purpose of description 
only and shall not be held or taken to be any evidence whatever that said streets, 
roads, avenues, highways, alleys or any of them, are public, dedicated or private 
thoroughfares. 

Sec. 2. And be it further ordained, That the Director of the Department of 
Public Works or the person or persons the Board of Estimates of Baltimore City 
may hereafter from time to time designate, is or are hereby authorized to acquire 



ORDINANCES 99 

on behalf of the Mayor and City Council of Baltimore, and for the purposes 
described in this Ordinance, the fee simple interests or such other interests as the 
said Director may deem necessary or sufficient, in and to said pieces or parcels of 
land and improvements thereupon, including all property, rights, interests, 
easements ancfor franchises necessary for said Public Utility Right of Way and 
the construction and maintenance of said 8 inch Sanitary Sewer and/or other 
municipal utilities and services in said Public Utility Right of Way. If the said 
Director of the Department of Public Works, or person or persons the Board of 
Estimates of Baltimore City may designate are unable to agree with the owner 
or owners on the purchase price of any of the said pieces or parcels of land and 
improvements thereupon or for any of the said properties, rights, interests, 
easements and/or franchises, they shall forthwith notify the City Solicitor of 
Baltimore City who shall thereupon institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to acquire by condemnation 
the fee simple interests or such other rights, interests, easements and/or fran- 
chises as the said Director may deem necessary or sufficient for the purposes of 
said Public Utility Right of Way. 

Sec. 3. And he it further ordained, That the proceedings for the acquisition by 
condemnation of the property and rights herein described and the rights of all 
parties interested or affected thereby shall be regulated by and be in accordance 
with the provisions of The Real Property Article of the Annotated Code of 
Maryland (1974), Title 12; Section 101 Et. Seq. and any and all amendments 
thereto. 

Sec. 4. And be it further ordained, That the said Director of the Department of 
Public Works or person or persons the Board of Estimates of Baltimore City may 
designate are also hereby authorized to negotiate for and to enter into in the 
name of the Mayor and City Council of Baltimore, any and all necessary 
agreements with the Federal and State Governments, or any of their agencies, 
and any other persons, firms or corporations, in aid of, in furtherance of, or in 
connection with said Public Utility Right of Way; all such acquisitions and 
agreements to be subject to the approval of the Board of Estimates. 

Sec. 5. And be it further ordained. That after the necessary agreements have 
been made and the necessary properties, lands, rights, easements and/or fran- 
chises have been acquired as hereinbefore provided, the Director of the Depart- 
ment of Public Works of Baltimore City is hereby authorized and directed to con- 
struct or cause to be constructed the said 8 inch Sanitary Sewer and/or other 
municipal utilities and services in said Public Utility Rij.^ht of Way, all in accord- 
ance with detailed plans hereafter to be prepared therefor and after said plans 
have been approved by the said Director of the Department of Public Works. 

Sec. 6. And be it further ordained, That this Ordinance shall take effect from 
the date of its passage. 

Approved April 16, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



100 ORDINANCES Ord. No. 40 

No. 40 
(Council No. 126) 

AN ORDINANCE concerning 

APPROPRIATION TRANSFER- DEPARTMENT OF FINANCE TO 
DEPARTMENT OF EDUCATION 

FOR the purpose of transferring a general fund appropriation in the amount of 
Four Hundred Thousand Dollars ($400,000) from the Department of Finance 
to the Department of Education to be used by the Department of Education 
for additional educational services for exceptional children. 

BY authority of 

Article VI -Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, Article VI, Section 2(i) of the Charter of Baltimore City (1964 Revi- 
sion as amended) provides that, upon recommendation of the Board of 
Estimates, the City Council by ordinance may authorize the transfer of an ap- 
propriation contained in the Ordinance of Estimates from one municipal agency 
to another municipal agency; and 

Whereas, the sum of $400,000 was appropriated from general funds for 
Department of Finance operating programs in the fiscal 1984 Ordinance of 
Estimates, and said $400,000 is not needed for the purpose for which ap- 
propriated and is therefore available for use by another municipal agency; and 

Whereas, the general fund appropriation transfer ordained herein has been 
recommended to the City Council by the Board of Estimates, said recommenda- 
tion having been made at a meeting of said Board held on the 8th day of 
February, 1984, all in accordance with Article VI, Section 2(i) of the Charter of 
Baltimore City (1964 Revision as amended). 

Sectio.n 1. Be it ordained by the Mayor and City Council of Baltimore, That 
under the provisions of Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revision as amended), the sum of Four Hundred Thousand Dollars 
($400,000) contained in the fiscal 1984 Ordinance of Estimates as a general fund 
appropriation for Department of Finance operating programs shall be trans- 
ferred to the Department of Education. The amount thus made available to the 
Department of Education as a general fund appropriation shall be used for addi- 
tional educational services for exceptional children. 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved April 16, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 101 

No. 41 
(Council No. 127) 

AN ORDINANCE concerning 

APPROPRIATION TRANSFER- BOARD OF SUPERVISORS OF 
ELECTIONS TO DEPARTMENT OF EDUCATION 

FOR the purpose of transferring a general fund appropriation in the amount of 
One Hundred Thousand Dollars ($100,000) from the Board of Supervisors of 
Elections to the Department of Education to be used by the Department of 
Education for additional educational services for exceptional children. 

BY authority of 

Article VI -Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, Article VI, Section 2(i) of the Charter of Baltimore City (1964 Revi- 
sion as amended) provides that, upon recommendation of the Board of 
Estimates, the City Council by ordinance may authorize the transfer of an ap- 
propriation contained in the Ordinance of Estimates from one municipal agency 
to another municipal agency; and 

Whereas, the sum of $100,000 was appropriated from general funds for the 
Board of Supervisors of Elections operating program in the fiscal 1984 
Ordinance of Estimates, and said $100,000 is not needed for the purpose for 
which appropriated and is therefore available for use by another municipal 
agency; and 

Whereas, the general fund appropriation transfer ordained herein has been 
recommended to the City Council by the Board of Estimates, said recommenda- 
tion having been made at a meeting of said Board held on the 8th day of 
February, 1984, all in accordance with Article VI, Section 2(i) of the Charter of 
Baltimore City (1964 Revision as amended). 

Se( TU)N 1. Be it ordaimd by the Mayor and City Council of Baltimore, That 
under the provisions of Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revision as amended), the sum of One Hundred Thousand Dollars 
($100,000) contained in the fiscal 1984 Ordinance of Estimates as a general fund 
appropriation for the Board of Supervisors of Elections operating program shall 
be transferred to the Department of Education. The amount thus made available 
to the Department of Education as a general fund appropriation shall be used for 
additional educational services for exceptional children. 

Sec. 2. And be it further ordained. That this ordinance shall take effect from 
the date of its passage. 

Approved April 16, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



102 ORDINANCES Ord. No. 42 

No. 42 
(Council No. 128) 
AN ORDINANCE concerning 

APPROPRIATION TRANSFER -POLICE DEPARTMENT TO 
DEPARTMENT OF EDUCATION 

FOR the purpose of transferring a general fund appropriation in the amount of 
One Hundred F'ifty-nine Thousand Five Hundred Sixty-three Dollars 
($159,563) from the Police Department to the Department of Education to be 
used by the Department of Education for additional educational services for 
exceptional children. 

BY authority of 

Article VI -Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, Article VI, Section 2(i) of the Charter of Baltimore City (1964 Revi- 
sion as amended) provides that, upon recommendation of the Board of 
Estimates, the City Council by ordinance may authorize the transfer of an ap- 
propriation contained in the Ordinance of Estimates from one municipal agency 
to another municipal agency; and 

Whereas, the sum of $159,563 was appropriated from general funds for Police 
Department operating programs in the fiscal 1984 Ordinance of Estimates, and 
said $159,563 is not needed for the purpose for which appropriated and is 
therefore available for use by another municipal agency; and 

Whereas, the general fund appropriation transfer ordained herein has been 
recommended to the City Council by the Board of Estimates, said recommenda- 
tion having been made at a meeting of said Board held on the 8th day of 
Febmary, 1984, all in accordance with Article VI, Section 2(i) of the Charter of 
Baltimore City (1964 Revision as amended). 

SEtTl().\ 1. Be it ordained by the Mayor and City Council of Baltimore, That 
under the provisions of Article VI, Section 2(i) of the Charter of Baltimore City 
(1964 Revision as amended), the sum of One Hundred Fifty-nine Thousand Five 
Hundred Sbcty-three Dollars ($159,563) contained in the fiscal 1984 Ordinance of 
Estimates as a general fund appropriation for Police Department operating pro- 
grams shall be transferred to the Department of Education. The amount thus 
made available to the Department of Education as a general fund appropriation 
shall be used for additional educational services for exceptional children. 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved April 16, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 103 

No. 43 
(Council No. 33) 

AN ORDINANCE concerning 

REZONING-2101 E. BALTIMORE STREET 

FOR the purpose of changing the zoning of the property known as 2101 E. Balti- 
more Street from the R-8 to the R-10 Zoning District as outlined in red on the 
plat accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 57 
Article 30 -Zoning 
Baltimore City Code (1976 Edition, as amended) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
Sheet No. 57 of the Zoning District Maps of Article 30 of the Baltimore City Code 
(1976 Edition, as amended), titled "Zoning" be and it is hereby amended by 
changing the property known as 2101 E. Baltimore Street from the R-8 to the 
R-10 Zoning District as outlined in red on the plat accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat, and when the 
Mayor approves the ordinance he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development, and the 
Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved April 18, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



104 ORDINANCES Ord. No. 45 

No. 44 
(Council No. 137) 

AN ORDINANCE concerning 

IMPOUNDING AREA -PARK AVENUE 

FOR the purpose of designating both sides of Park Avenue, between Howard 
and Cathedral Streets, an impounding area. 

BY adding 

Article 31 -Transit and Traffic 

Section 116 (Ic) 

Baltimore City Code (1983 Replacement Volume, as amended) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
section(s) of the Baltimore City Code (1983 Replacement Volume, as amended) 
be added, repealed, or amended, to read as follows: 

ARTICLE 31 -TRANSIT AND TRAFFIC 

Impounding Areas 

116. P Streets. 
(Ic) Park Avenue, both sides, from Howard Street to Cathedral Street. 

Sec. 2. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved April 19, 1984 

WILLIAM DONALD SCHAEFER, Mayor 



No. 45 
(Council No. 153) 



AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION - 
DEPARTMENT OF THE COMPTROLLER 

FOR the purpose of providing a supplementary general fund appropriation in 
the amount of Five Hundred Ten Thousand Dollars ($510,000) to the Depart- 
ment of the Comptroller to be used for management of leased property located 
at 118 North Howard Street and 300-302 West Fayette Street. 



ORDINANCES 105 

BY authority of 

Article VI - Board of Estimates 

Section 2(hX3) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents revenue produced by 
Treasurer Filing Fees, Earnings of Non-Contract Fuel Distribution, Refunds of 
Gas/Electric Utility Deposits, Recoveries of Prior Year Fire Losses, and Rental 
of Tower Suites Business Center, all in excess of the amounts from these sources 
estimated and relied upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1984 fiscal year, and said money is 
therefore available for appropriation to the Department of the Comptroller pur- 
suant to the provisions of Article VI, Section 2(hX3) of the Baltimore City 
Charter (1964 Revision as amended); and 

Whereas, the additional sum here appropriated is for a new program which 
could not reasonably be anticipated at the time of formulation of the proposed 
Ordinance of Estimates for the fiscal year ending June 10, 1984, in accordance 
with Article VI, Section 2(hX3) of said Charter; and 

Whereas, the supplementary general fund appropriation ordained herein has 
been recommended to the City Council by the Board of Estimates, said recom- 
mendation having been made at a regular meetings of said Board held on the 
15th day of February, 1984, all in accordance with Article VI, Section 2(hX3) of 
said Charter. 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
under the provisions of Article VI, Section 2 of the 1964 revision of the Charter 
of Baltimore City, the sum of Five Hundred Ten Thousand Dollars ($510,000) 
shall be made available to the Department of the Comptroller as a supplementary 
general fund appropriation for the fiscal year ending June 30, 1984, for the pur- 
pose of management of leased property located at 118 North Howard Street and 
300-302 West Fayette Street. The amount thus made available as a supplemen- 
tary general fund appropriation shall be expended from revenue derived from 
Treasurer Filing Fees ($39,000), Earnings of Non-Contract Fuel Distribution 
($10,143), Refunds of Gas/Electric Utility Deposits ($310,900), Recoveries of 
Prior Year Fire L ea s e s LOSSES ($14,957), and Rental of Tower Suites Business 
Center ($135,000), all in excess of the amounts from these sources which were 
estimated or relied upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1984 fiscal year; and said funds from said 
Treasurer Filing Fees, Earnings of Non-Contract Fuel Distribution, Refunds of 
Gas/Electric Utility Deposits, Recoveries of Prior Year Fire Losses, and Rental 
of Tower Suites Business Center shall be the source of revenue for this sup- 
plementary general fund appropriation, as required by Article VI, Section 2 of 
the Baltimore City Charter (1964 Revision as amended). 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved April 19, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



106 ORDINANCES Ord. No. 46 

No. 46 
(Council No. 154) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION - 
DEPARTMENT OF THE COMPTROLLER 

FOR the purpose of providing a supplementary general fund appropriation in 
the amount of Two Hundred Thirty Thousand Dollars ($230,000) to the 
Department of the Comptroller to be used for management of leased property 
located at 118 North Howard Street and 300-302 West Fayette Street. 

BY authority of 

Article VI -Board of Estimates 

Section 2(hX3) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents surplus general funds 
arising in the preceding fiscal year which became a part of the general revenue of 
the City in excess of the amount estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance the budget for the cur- 
rent fiscal year, and said money is therefore available for general expenditures of 
the City in the current fiscal year as provided in Article VI, Section 2(i) of the 
1964 revised Charter of Baltimore City as amended; and 

Whereas, the additional sum here appropriated is for a new program which 
could not reasonably be anticipated at the time of formulation of the proposed 
Ordinance of Estimates for the fiscal year ending June 30, 1984, in accordance 
with Article VI, Section 2(hX3) of said Charter; and 

Whereas, the supplementary general fund appropriation ordained here has 
been recommended to the City Council by the Board of Estimates, said recom- 
mendation having been made at a regular meeting of said Board held on the 15th 
day of February, 1984, all in accordance with Article VI, Section 2(hX3) of said 
Charter. 



Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
under the provisions of Article VI, Section 2(hX3) of the 1964 Revision of the 
Charter of Baltimore City, the sum of Two Hundred Thirty Thousand Dollars 
($230,000) shall be made available to the Department of the Comptroller of the 
City of Baltimore as a supplementary general fund appropriation for the fiscal 
year ending June 30, 1984, for the purpose of management of leased property 
located at 118 North Howard Street and 300-302 West Fayette Street. The 
amount thus made available as a supplementary general fund appropriation shall 
be expended from surplus general funds of the Mayor and City Council of 
Baltimore carried over from the preceding budget year; and said funds from the 
said surplus shall be the source of revenue for this supplementary general fund 
appropriation, as required by Article VI, Section 2 of the Baltimore City Charter 
(1964 Revision as amended). 



ORDINANCES 107 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 



Approved April 19, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 47 
(Council No. 158) 

AN ORDINANCE concerning 

ECONOMIC DEVELOPMENT REVENUE BONDS- 
(CANTON HOUSE LIMITED PARTNERSHIP FACILITY) 

FOR the purpose of authorizing and empowering Mayor and City Council of Bal- 
timore to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, 
its economic development revenue bonds, in the aggregate principal amount 
not to exceed $1,250,000, pursuant to the provisions of Sub-section (50) of Ar- 
ticle II of the Charter of Baltimore City (1964 Revision), as amended, for the 
sole and exclusive purpose of financing the costs of the completion by Canton 
House Limited Partnership, a Maryland limited partnership, of a certain facili- 
ty in Baltimore City consisting of the acquisition of approximately 1/20 acre of 
real property located at 300 Water Street, corner of South Street in Baltimore 
City, the renovation of an approximately 20,000 square foot building thereon 
known as the "Canton House", and the purchase and installation of certain 
machinery, equipment and other improvements therein, to be owned by Can- 
ton House Limited Partnership, a Maryland limited partnership, and leased to 
David Cordish and Associates, a Maryland general partnership, for use as of- 
fice space in its business of real estate development, to Cordish and Cordish, 
attorneys at law, for use as office space in its legal profession, and to various 
other tenants whose identities are presently unknown for use as office space in 
their respective businesses; authorizing the Mayor of the City, on behalf of the 
City, to accept the letter of intent date February 10, 1984 and the supplemen- 
tal letter of intent dated March 7, 1984 from David S. Cordish, prospective 
general partner of Canton House Limited Partnership, to the City; making 
certain legislative findings; RESERVING IN THE CITY CERTAIN RIGHTS 
CONCERNING THE ISSUANCE OF SUCH BONDS; authorizing and em- 
powering the Board of Finance of the City, by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any series of such bonds, to 

(a) APPROVE THE ISSUANCE OF SUCH BONDS. (B) prescribe, among 
other things but not limited to, the form, terms, provisions, manner or method 
of issuing and selling (including negotiated as well as competitive bid sale), and 
the time or times of issuance, and any and all other details of such bonds, and 

(b) (C) do any and all things necessary, proper or expedient in connection with 
the issuance and sale of such bonds; providing that Canton House Limited 
Partnership shall agree to submit any plans and specifications to, and to coor- 



108 ORDINANCES . Ord. No. 47 

dinate with, the Department of Housing and Community Development in con- 
nection with the completion of such facility; providing that such bonds (or bond 
anticipation notes issued in anticipation of the issuance of such bonds) must be 
issued and sold within six months from the date this Ordinance is approved by 
the Mayor, unless the Board of Finance approves one six month extension as 
provided in this Ordinance; authorizing the issuance of notes in anticipation of 
the issuance of such revenue bonds; and generally providing for and determin- 
ing various matters and details in connection with the issuance and sale of such 
bonds and bond anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision), 
as amended (the "Enabling Law"), empowers Mayor and City Council of 
Baltimore (the "City") to borrow money to finance undertakings for the ac- 
complishment of any of the purposes, objects and powers of the City and in con- 
nection therewith to issue bonds, notes, or other obligations (including refunding 
bonds, notes or other obligations), all of which shall be fully negotiable, payable, 
as to both principal and interest, solely from and secured solely by a pledge of (I) 
the revenues from or arising in connection with the property, facilities, 
developments and improvements whose financing is undertaken by the issuance 
of such bonds, notes or other obligations, (II) the revenues from or arising in con- 
nection with any contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or other obligations, (III) the con- 
tracts, mortgages or other securities purchased or otherwise acquired with the 
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I), 
(II) or (III). The purposes, objects and powers of the City contemplated by the 
Enabling Law include the relief of conditions of unemployment in Baltimore 
City, encouraging the increase of industry and a balanced economy in Baltimore 
City, promoting economic development in Baltimore City, and promoting the 
health, welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated February 10, 1984 and the sup- 
plemental letter of intent dated March 7, 1984 (collectively, the "Letters of In- 
tent") from David S. Cordish, prospective general partner of Canton House 
Limited Partnership, a Maryland limited partnership (the "Borrower"), pursuant 
to which the Borrower has requested the City to participate in the financing of 
the costs of completion by the Borrower of a certain facility in Baltimore City, 
Maryland (the "Facility"), by issuing and selling the City's economic development 
revenue bonds in the aggregate principal amount not to exceed $1,250,000 (the 
"Bonds"), and by making the proceeds of the Bonds available to the Borrower to 
be used by the Borrower for the sole and exclusive purpose of financing the costs 
of the completion of the Facility by the Borrower. 

The Facility, which is an "undertaking" which will accomplish the purposes, ob- 
jects and powers of the City as mentioned in the Enabling Law, will consist 
generally of (a) the acquisition of a tract of land containing approximately 1/20 
acre located at 300 Water Street, corner of South Street in Baltimore City, (b) 
the renovation of an approximately 20,000 square foot building thereon, known 
as the "Canton House", consisting of office space, (c) the acquisition and installa- 
tion in such building of any or all machinery and equipment, and any or all other 



ORDINANCES 109 

improvements therein, as may be necessary or useful in connection with the 
operation thereof, and (d) the acquisition of such other interests in land as may be 
necessary or suitable for the foregoing, including roads and rights of access, 
utilities and other necessary site preparation facilities. Upon completion, the 
Facility will be owned by the Borrower and leased to (a) David Cordish and 
Associates, a Maryland general partnership, for use as office space in its business 
of real estate development, (b) Cordish and Cordish, attorneys at law, for use as 
office space in its legal profession, and (c) various other tenants whose identities 
are presently unknown for use as office space in their respective businesses. 

The Enabling Law provides that the City may authorize and empower the 
Board of Finance of the City (the "Board") by resolution to determine and set 
forth the form, terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time or times of is- 
suance, and any and all other details of the Bonds and the issuance and sale 
thereof, and to do any and all things necessary, proper or expedient in connection 
with the issuance and sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW: 

Section I.Beit ordained by Mayor and City Council of Baltimore, That acting 
pursuant to the Enabling Law, it is hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pursuant to the Enabling 
Law in order to make the proceeds thereof available to the Borrower for the sole 
and exclusive purpose of financing the costs of completion of the Facility will 
facilitate and expedite the completion of the Facility by the Borrower. 

(2) The completion of the Facility by the Borrower and the financing of the 
costs of such completion as provided in this Ordinance will serve to promote the 
general purposes contemplated by the Enabling Law by (a) sustaining jobs and 
employment in Baltimore City; (b) promoting economic development in 
Baltimore City; (c) encouraging the increase of industry and a balanced economy 
in Baltimore City; and (d) allowing the Borrower to maintain its commercial 
operations in Baltimore City. 

(3) Any and all of the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within the meaning of Section 
7 of Article XI of the Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting or restricting the 
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds 
shall be limited obligations of the City, and shall be fully negotiable, payable, as 
to both principal and interest, solely from and secured solely by a pledge of (I) the 
revenues from or arising in connection with the Facility, (II) the revenues from 
or arising in connection with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired with the proceeds 
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap- 
prove by a resolution or resolutions adopted prior to the issuance, sale and 
delivery of any of the Bonds. 



no ORDINANCES Ord. No. 47 

Sec. 2. And be it further ordained, That the City is hereby authorized and em- 
powered to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, its 
economic development revenue bonds, in the aggregate principal amount not to 
exceed $1,250,000, subject to the provisions of this Ordinance. The proceeds of 
the Bonds will be made available to the Borrower under terms and conditions ap- 
proved by the Board and set forth in a Resolution, and used by the Borrower for 
the sole and exclusive purpose of financing the costs of the completion of the 
Facility. 

Sec. 3. And be it further ordained, That this Ordinance constitutes the present 
intent of the City to issue the Bonds, and the Mayor of the City is hereby 
authorized to accept the Letters of Intent on behalf of the City in order to further 
evidence the present intent of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. THE CITY INTENDS THAT THE 
ENACTMENT OF THIS ORDINANCE SHALL BE AND CONSTITUTE "OF- 
FICIAL ACTION" WITHIN THE MEANING OF SECTION L103-8(AX5) OF 
THE INCOME TAX REGULATIONS PRESCRIBED BY THE UNITED 
STATES DEPARTMENT OF TREASURY PURSUANT TO SECTION 103 OF 
THE INTERNAL REVENUE CODE OF 1954, AS AMENDED. THE CITY 
AND THE BORROWER CONTEMPLATE THAT, UPON THE EFFEC- 
TIVENESS OF THIS ORDINANCE, THE BORROWER MAY COMMENCE 
THE ACQUISITION OF THE FACILITY PRIOR TO THE ISSUANCE, SALE 
AND DELIVERY OF THE BONDS; PROVIDED, HOWEVER THAT IF THE 
BORROWER PROCEEDS WITH THE ACQUISITION OF THE FACILITY 
PRIOR TO THE ADOPTION OF A RESOLUTION BY THE BOARD, AS 
DESCRIBED IN SECTION 5(A) BELOW, THE BORROWER DOES SO AT 
ITS OWN RISK. 

SECTION 4. AND BE IT FURTHER ORDAINED, THAT THE CITY 
RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO 
TAKE ANY ACTIONS DEEMED NECESSARY BY THE CITY IN ORDER 
TO INSURE THAT THE CITY (A) COMPLIES WITH PRESENT FEDERAL 
AND STATE LAWS AND ANY PENDING OR FUTURE FEDERAL OR 
STATE LEGISLATION, WHETHER PROPOSED OR ENACTED, WHICH 
MAY RESTRICT THE ISSUANCE OF INDUSTRIAL DEVELOPMENT 
BONDS, AND (B) ISSUES ITS BONDS (WITHIN THE MEANING OF THE 
ENABLING LAW AND ANY PRESENT OR FUTURE STATE AND LOCAL 
LAWS), WITHIN THE LIMITS IMPOSED BY ANY SUCH PRESENT LAWS 
OR ANY SUCH PENDING OR FUTURE LEGISLATION OR ANY FUTURE 
LOCAL LAWS, TO FINANCE THOSE FACILITIES WHICH THE CITY 
DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, WILL PRO- 
VIDE THE GREATEST BENEFIT TO THE CITY. 

PURSUANT TO THE PROVISIONS OF THIS SECTION 4. THE CUT 
RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, 
TO, AMONG OTHER THINGS, (1) NEVER ISSUE THE BONDS, (2) ISSUE 
ONLY A PORTION OF THE AGGREGATE PRINCIPAL AMOUNT OF THE 
BONDS REQUESTED BY THE APPLICANT, (3) RESTRICT THE USE OF 
THE PROCEEDS OF- THE BONDS, (4) DELAY INDEFINITELY THE IS- 



ORDINANCES 111 

SUANCE OF THE BONDS, OR (5) TAKE ANY OTHER ACTIONS DEEMED 
NECESSARY BY THE CITY, IN ITS SOLE AND ABSOLUTE DISCRETION, 
IN ORDER TO INSURE THAT THE CITY ACHIEVES THE GOALS SET 
FORTH IN THE PRECEDING PARAGRAPH. 

IN ADDITION, IN THE EVENT THAT ANY PRESENT LAW OR ANY 
PENDING OR FUTURE LEGISLATION LIMITS OR WOULD LIMIT (BY A 
VOLUME CAP OR OTHERWISE) THE CITY'S ABILITY TO ISSUE BONDS 
OR OTHER OBLIGATIONS, THE INTEREST PAYABLE ON WHICH IS TO 
BE EXEMPT FROM FEDERAL INCOME TAXATION, THE CITY 
RESERVES THE RIGHT TO CHOOSE TO ISSUE ITS BONDS (WITHIN THE 
MEANING OF THE ENABLING LAW AND Am' PRESENT OR FUTURE 
STATE AND LOCAL LAWS) FOR FACILITIES OTHER THAN THE 
FACILITY. IN SUCH ORDER OF PRIORITY AS IT MAY DETERMINE IN 
ITS SOLE AND ABSOLUTE DISCRETION. 

Sec. 4 5. And be it further ordained, That, as permitted by the EnabUng Law, 
the Board is hereby authorized and empowered, by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of the Bonds, to: 

(A) APPROVE THE ISSUANCE OF THE BONDS; 

(a) (B) prescribe, among other things but not limited to, the form, terms, provi- 
sions, manner or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of the Bonds and the issuance and sale thereof; 

(b) (C) approve (i) the pledge or assignment by the City of any of the security 
described in Section & 6 of this Ordinance, pursuant to a trust agreement or 
similar agreement, (ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such provisions in any such trust 
agreement or similar agreement as the Board may deem reasonable and proper 
for the security of the holders of the Bonds; 

ic) (D) approve the terms and conditions, including but not limited to the 
terms and conditions of any documents to be executed and delivered by the City 
(other than customary financing statements and closing certificates), under 
which the proceeds of the Bonds will be made available to the Borrower to 
finance the costs of the completion of the Facility; and 

(<i) (E) do any and all things necessary, proper or expedient in connection with 
the issuance, sale and delivery of the Bonds. 

Sec. ^6. And be it further ordained, That any and all of the Bonds shall not be 
general obligations of the City and shall not be a pledge of or involve the faith 
and credit or the taxing power of the City, and shall not constitute a debt of the 
City, all within the meaning of Section 7 of Article XI of the Constitution of 
Maryland or any other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other obligations of the City. 
All of the Bonds shall be limited obligations of the City, and shall be fully nego- 
tiable, payable, as to both principal and interest, solely from and secured solely 
by a pledge of (1) the revenues from or arising in connection with the Facility, (II) 
the revenues from or arising in connection with any contracts, mortgages or 



112 ORDINANCES Ord. No. 47 

other securities purchased or otherwise acquired with the proceeds of the Bonds, 
(III) the contracts, mortgages or other securities purchased or otherwise ac- 
quired with the proceeds of the Bonds, or (IV) any combination of (I), (II) or (III), 
all as the Board may approve by a resolution or resolutions adopted prior to the 
issuance, sale and delivery of any of the Bonds. 

Sec. %1. And be it further ordained, That the Borrower shall agree that: 

(a) it will submit any plans and specifications for the Facility to the Department 
of Housing and Community Development for approval, and that the Department 
of Housing and Community Development may refuse approval of any plans and 
specifications for aesthetic or functional reasons; and 

(b) it and its developers will work with the design advisory group appointed by 
the Department of Housing and Community Development in order to achieve 
high quality site, building, and landscape design. 

Sec. ? 8. And be it further ordained, That any and all of the Bonds shall be ex- 
ecuted in the name of the City and on its behalf by the Mayor of the City, by his 
manual or facsimile signature, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal, by his manual signature. Any trust agreement or 
other documents as the Board shall deem necessary to effectuate the issuance, 
sale and delivery of the Bonds shall be executed in the name of the City and on its 
behalf by the Mayor of the City by his manual or facsimile signature, and the cor- 
porate seal of the City or a facsimile thereof shall be impressed or otherwise 
reproduced thereon and attested by the Custodian of the City Seal by his manual 
signature. In case any officer whose signature or a facsimile of whose signature 
shall appear on the Bonds or any of the aforesaid documents shall cease to be 
such officer before the delivery of the Bonds or any of the other aforesaid 
documents, such signature or such facsimile shall nevertheless be valid and suffi- 
cient for all purposes, the same as if such officer had remained in office until 
delivery. The Mayor of the City, the Director of Finance of the City, the Custo- 
dian of the City Seal and other officials of the City are hereby authorized and em- 
powered to do all such acts and things and execute such documents and cer- 
tificates as the Board may determine by resolution to be necessary to carry out 
and comply with the provisions hereof. 

Sec. 8 9. And be it further ordained, That any and all necessary financing 
statements required for the consummation of the transactions authorized by this 
Ordinance may be executed on behalf of the City by the Mayor of the City or by 
the Chief, Bureau of Treasury Management of the City or by such other ap- 
propriate official of the City as may be designated by the Mayor of the City to ex- 
ecute such financing statements. 

Sec. 9 10. And be it further ordained, That the authority to issue the Bonds is 
intended and shall be deemed to include the authority to issue bond anticipation 
notes pursuant to Section 12 of Article 31 of the Annotated Code of Maryland 
(1976 Replacement Volume and 1983 Cumulative Supplement), as amended (the 
"Bond Anticipation Note Enabling Legislation"). Reference in this Ordinance to 



ORDINANCES 113 

the "Bonds" shall include such bond anticipation notes where appropriate. Prior 
to the issuance, sale and delivery of any series of bond anticipation notes, the 
Board shall adopt a resolution or resolutions, to: 

(A) APPROVE THE ISSUANCE OF SUCH BOND ANTICIPATION NOTES; 

(a) (B) prescribe, among other things but not limited to, the form, terms, pro- 
visions, manner or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of such bond anticipation notes and the issuance and sale thereof; 

(b) (C) approve (i) the pledge or assignment by the City of any of the security 
described in Section 6 6 of this Ordinance, pursuant to a trust agreement or 
similar agreement, (ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such provisions in any such trust 
agreement or similar agreement as the Board nnay deem reasonable and proper 
for the security of the holders of such bond anticipation notes; 

(e) (D) approve the terms and conditions, including but not limited to the terms 
and conditions of any documents to be executed and delivered by the City (other 
than customary financing statements and closing certificates), under which the 
proceeds of such bond anticipation notes will be made available to the Borrower 
to finance the costs of the completion of the Facility; and 

(d) (E) do any and all things necessary, proper or expedient in connection with 
the issuance, sale and delivery of such bond anticipation notes. 

In accordance with the Bond Anticipation Note Enabling Legislation, the City 
hereby covenants to pay any bond anticipation notes issued pursuant to this Sec- 
tion of this Ordinance and the interest thereon from the proceeds of the Bonds in 
anticipation of the sale of which such notes are issued, and the City hereby fur- 
ther covenants to issue such Bonds, as the case may be, when, and as soon as, the 
reason for deferring the issuance of the Bonds no longer exists. The timely is- 
suance of such Bonds, however, is dependent upon matters not within the control 
of the City, including (without limitation) the existence of a purchaser or pur- 
chasers for such Bonds at the time the reason for deferring the issuance of the 
Bonds no longer exists and the effectiveness of various actions taken by the Bor- 
rower, its officers, agents and employees. 

Sec. iO 11. And be it further ordauied, That the provisions of this Ordinance 
are severable, and if any provision, sentence, clause, section or part hereof is 
held illegal, invalid or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutionality, or inapplicability 
shall not affect or impair any of the remaining provisions, sentences, clauses, sec- 
tions, or parts of this Ordinance or their application to other persons or cir- 
cumstances. It is hereby declared to be the legislative intent that this Ordinance 
would have been passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included herein, and if the person 
or circumstances to which this Ordinance or any part hereof are inapplicable had 
been specifically exempted herefrom. 



114 ORDINANCES Ord. No. 48 

Sec. H 12. And be it further ordained, That either the Bonds or bond anticipa- 
tion notes issued pursuant to Section 9 10 of this Ordinance in anticipation of the 
issuance of the Bonds must be issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the City; provided, however, 
that the Board, after a showing of good cause at a public hearing held before the 
Board prior to or after the expiration of such six month period, may extend the 
period during which either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed six months from the date on 
which the first six month period expired. The Board, in its sole discretion, and 
without action by the City Council, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested extension of the six month 
period. If an extension is granted, notice of such extension and the reasons 
therefor must be sent to the City Council. To the extent that neither the Bonds 
nor such bond anticipation notes are issued and sold within twelve months from 
the date on which this Ordinance is approved by the Mayor of the City, the 
authority provided in this Ordinance for the City to issue and sell the Bonds and 
such bond anticipation notes shall expire. 

Sec. i2 13. And be it further ordained, That this Ordinance shall take effect 
from the date of its passage. 

Approved April 19, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 48 
(Council No. 161) 

AN ORDINANCE concerning 

ECONOMIC DEVELOPMENT REVENUE BONDS - 
(MONUMENT STREET REALTY COMPANY FACILITY) 

FOR the purpose of authorizing and empowering Mayor and City Council of 
Baltimore to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, 
its economic development revenue bonds, in the aggregate principal amount 
not to exceed $240,000, pursuant to the provisions of Sub-section (50) of Arti- 
cle II of the Charter of Baltimore City (1964 Revision), as amended, for the 
sole and exclusive purpose of financing the costs of the completion by Monu- 
ment Street Realty Company, a Maryland general partnership, of a certain 
facility in Baltimore City consisting of the acquisition of the real property con- 
taining approximately .324 acres known as the Orem Medical Building located 
at 4501-4503 E. Monument Street, in Baltimore City (adjacent to the existing 
facility of Dennis J. Moran and Sons, Inc. at 4509 E. Monument Street and 
comprising an expansion of such existing facility), including the acquisition of 
all improvements on the 4501-4503 E. Monument Street property, which im- 
provements consist of a one-story brick two-building complex with combina- 



ORDINANCES 115 

tion office and warehouse space containing approximately 9,732 square feet, 
to be owned by Monument Street Realty Company, and leased to Dennis J. 
Moran and Sons, Inc., a Maryland corporation, for use as a warehouse and of- 
fice in its business of fabricating and distributing metal doors and frames, 
hardware accessories, wooden doors, carpeting and flooring; authorizing the 
Mayor of the City, on behalf of the City, to accept the letter of intent to the 
City dated February 10, 1984 from Dennis J. Moran and Patsy A. Moran, L/a 
Monument Street Realty Company; making certain legislative findings; 
RESERVING IN THE CITY CERTAIN RIGHTS CONCERNING THE IS- 
SUANCE OF SUCH BONDS; authorizing and empowering the Board of 
Finance of the City, by a resolution or resolutions adopted prior to the 
issuance, sale and delivery of any series of such bonds, to (a) APPROVE THE 
ISSUANCE OF SUCH BONDS, (B) prescribe, among other things but not 
limited to, the form, terms, provisions, manner or method of issuing and sell- 
ing (including negotiated as well as competitive bid sale), and the time or times 
of issuance, and any and all other details of such bonds, and (fe)-(C) do any and 
all things necessary, proper or expedient in connection with the issuance and 
sale of such bonds; providing that a partnership to be formed or Monument 
Street Realty Company shall agree to submit any plans and specifications to, 
and to coordinate with, the Department of Housing and Community Develop- 
ment in connection with the completion of such facility; providing that such 
bonds (or bond anticipation notes issued in anticipation of the issuance of such 
bonds) must be issued and sold within six months from the date this Ordinance 
is approved by the Mayor, unless the Board of Finance approves one six month 
extension as provided in this Ordinance; authorizing the issuance of notes in 
anticipation of the issuance of such revenue bonds; and generally providing for 
and determining various matters and details in connection with the issuance 
and sale of such bonds and bond anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision), 
as amended (the "Enabling Law"), empowers Mayor and City Council of 
Baltimore (the "City") to borrow money to finance undertakings for the ac- 
complishment of any of the purposes, objects and powers of the City and in con- 
nection therewith to issue bonds, notes, or other obligations (including refunding 
bonds, notes or other obligations), all of wliich shall be fully negotiable, payable, 
as to both principal and interest, solely from and secured solely by a pledge of (I) 
the revenues from or arising in connection with the property, facilities, 
developments and improvements whose financing is undertaken by the issuance 
of such bonds, notes or other obligations, (II) the revenues from or arising in con- 
nection with any contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or other obligations, (III) the con- 
tracts, mortgages or other securities purchased or otherv^'ise acquired with the 
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I), 
(II) or (III). The purposes, objects and powers of the City contemplated by the 
Enabling Law include the relief of conditions of unemployment in Baltimore 
City, encouraging the increase of industry and a balanced economy in Baltimore 
City, promoting economic development in Baltimore City, and promoting the 
health, welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated February 10, 1984 (the "Letter of 
Intent") from Dennis J. Moran and Patsy A. Moran, tya Monument Street Realty 



116 ORDINANCES Ord. No. 48 

Company, a Maryland general partnership (the "Borrower"), pursuant to which 
the Borrower has requested the City to participate in the financing of the costs of 
the completion by the Borrower of a certain facility in Baltimore City, Maryland 
(the "Facility"), by issuing and selling the City's economic development revenue 
bonds in the aggretate principal amount not to exceed $240,000 (the "Bonds"), 
and by making the proceeds of the Bonds available to the Borrower to be used by 
the Borrower for the sole and exclusive purpose of financing the costs of the com- 
pletion of the Facility by the Borrower. 

The Facility, which is an "undertaking" which will accomplish the purposes, ob- 
jects and powers of the City as mentioned in the Enabling Law, will consist 
generally of the acquisition of a tract of land containing approximately .324 
acres, known as the Orem Medical Building located at 4501-4503 E. Monument 
Street, in Baltimore City (adjacent to the existing facility of Dennis J. Moran and 
Sons, Inc. at 4509 E. Monument Street and comprising an expansion of such ex- 
isting facility), including the acquisition of all improvements on the 4501-4503 
E. Monument Street property, which improvements consist of a one-story brick 
two-building complex with combination office and warehouse space containing 
approximately 9,732 square feet. Upon completion, the Facility will be owned by 
the Borrower and leased to Dennis J. Moran and Sons, Inc., a Maryland corpora- 
tion, for use as a warehouse and office in its business of fabricating and 
distributing metal doors and frames, hardware accessories, wooden doors, 
carpeting and flooring. 

The Enabling Law provides that the City may authorize and empower the 
Board of Finance of the City (the "Board") by resolution to determine and set 
forth the form, terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as" competitive bid sale), and the time or times of is- 
suance and any and all other details of the Bond and the issuance and sale 
thereof, and to do any and all things necessary, proper or expedient in connection 
with the issuance and sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW: 

Section 1. Be it ordained by Mayor and City Council of Baltimore, That acting 
pursuant to the Enabling Law, it is hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pursuant to the Enabling 
Law in order to make the proceeds thereof available to the Borrower for the sole 
and exclusive purpose of financing the costs of completion of the Facility will 
facilitate and expedite the completion of the Facility by the Borrower. 

(2) The completion of the Facility by the Borrower and the financing of the 
costs of such completion as provided in this Ordinance will serve to promote the 
general purposes contemplated by the Enabling Law by (a) sustaining jobs and 
employment in Baltimore City; (b) promoting economic development in 
Baltimore City; (c) encouraging the increase of industry and a balanced economy 
in Baltimore City; and (d) will enable the Borrower to expand its manufacturing 
business. 

(3) Any and all of the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or the taxing power of the 



ORDINANCES 117 

City, and shall not constitute a debt of the City, all within the meaning of Section 
7 of Article XI of the Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting or restricting the 
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds 
shall be limited obligations of the City, and shall be fully negotiable, payable, as 
to both principal and interest, solely from and secured solely by a pledge of (I) the 
revenues from or arising in connection with the Facility, (II) the revenues from 
or arising in connection with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired with the proceeds 
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap- 
prove by a resolution or resolutions adopted prior to the issuance, sale and 
delivery of any of the Bonds. 

Sec. 2. And be it further ordained, That the City is hereby authorized and em- 
powered to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, its 
economic development revenue bonds, in the aggregate principal amount not to 
exceed $240,000, subject to the provisions of this Ordinance. The proceeds of the 
Bonds will be made available to the Borrower under terms and conditions ap- 
proved by the Board and set forth in a Resolution, and used by the Borrower for 
the sole and exclusive purpose of financing the costs of the completion of the 
Facility. 

Sec. 3. And be it further ordained, That this Ordinance constitutes the present 
intent of the City to issue the Bonds, and the Mayor of the City is hereby 
authorized to accept the Letter of Intent on behalf of the City in order to further 
evidence the present intent of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. THE CITY INTENDS THAT THE 
ENACTMENT OF THIS ORDINANCE SHALL BE AND CONSTITUTE "OF- 
FICIAL ACTION" WITHIN THE MEANING OF SECTION 1.103-8(AX5) OF 
THE INCOME TAX REGULATIONS PRESCRIBED BY THE UNITED 
STATES DEPARTMENT OF TREASURY PURSUANT TO SECTION 103 OF 
THE INTERNAL REVENUE CODE OF 1954. AS AMENDED. THE CITY 
AND THE BORROWER CONTEMPLATE THAT, UPON THE EFFEC- 
TIVENESS OF THIS ORDINANCE. THE BORROWER MAY COMMENCE 
THE ACQUISITION OF THE FACILITY PRIOR TO THE ISSUANCE, SALE 
AND DELIVERY OF THE BONDS; PROVIDED. HOWEVER. THAT IF THE 
BORROWER PROCEEDS WITH THE ACQUISITION OF THE FACILITY 
PRIOR TO THE ADOPTION OF A RESOLUTION BY THE BOARD, AS 
DESCRIBED IN SECTION 5(A) BELOW, THE BORROWER DOES SO AT 
ITS OWN RISK. 

SECTION 4. AND BE IT FURTHER ORDAINED, THAT THE CUT 
RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION. TO 
TAKE ANY ACTIONS DEEMED NECESSARY BY THE CITY IN ORDER 
TO INSURE THAT THE CITY (A) COMPLIES WITH PRESENT FEDERAL 
AND STATE LAWS AND ANY PENDING OR FUTURE FEDERAL OR 
STATE LEGISLATION, W^iETHER PROPOSED OR ENACTED. WTIICH 
MAY RESTRICT THE ISSUANCE OF INDUSTRIAL DEVELOPMENT 



118 ORDINANCES Ord. No. 48 

BONDS, AND (B) ISSUES ITS BONDS (WITHIN THE MEANING OF THE 
ENABLING LAW AND ANY PRESENT OR FUTURE STATE AND LOCAL 
LAWS), WITHIN THE LIMITS IMPOSED BY ANY SUCH PRESENT LAWS 
OR ANY SUCH PENDING OR FUTURE LEGISLATION OR ANY FUTURE 
LOCAL LAWS, TO FINANCE THOSE FACILITIES WHICH THE CITY 
DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, WILL PRO- 
VIDE THE GREATEST BENEFIT TO THE CITY. 

PURSUANT TO THE PROVISIONS OF THIS SECTION 4, THE CITY 
RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, 
TO, AMONG OTHER THINGS, (1) NEVER ISSUE THE BONDS, (2) ISSUE 
ONLY A PORTION OF THE AGGREGATE PRINCIPAL AMOUNT OF THE 
BONDS REQUESTED BY THE APPLICANT, (3) RESTRICT THE USE OF 
THE PROCEEDS OF THE BONDS, (4) DELAY INDEFINITELY THE IS- 
SUANCE OF THE BONDS, OR (5) TAKE ANY OTHER ACTIONS DEEMED 
NECESSARY BY THE CITY. IN ITS SOLE AND ABSOLUTE DISCRETION, 
IN ORDER TO INSURE THAT THE CITY ACHIEVES THE GOALS SET 
FORTH IN THE PRECEDING PARAGRAPH. 

IN ADDITION, IN THE EVENT THAT ANY PRESENT LAW OR ANY 
PENDING OR FUTURE LEGISLATION LIMITS OR WOULD LIMIT (BY A 
VOLUME CAP OR OTHERWISE) THE CITY'S ABILITY TO ISSUE BONDS 
OR OTHER OBLIGATIONS, THE INTEREST PAYABLE ON WHICH IS TO 
BE EXEMPT FROM FEDERAL INCOME TAXATION, THE CITY 
RESERVES THE RIGHT TO CHOOSE TO ISSUE ITS BONDS (WITHIN THE 
MEANING OF THE ENABLING LAW AND ANY PRESENT OR FUTURE 
STATE AND LOCAL LAWS) FOR FACILITIES OTHER THAN THE 
FACILITY, IN SUCH ORDER OF PRIORITY AS IT MAY DETERMINE IN 
ITS SOLE AND ABSOLUTE DISCRETION. 

Sec. 4 5. And be it further ordained, That, as permitted by the Enabling Law, 
the Board is hereby authorized and empowered, by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of the Bonds, to: 

(A) APPROVE THE ISSUANCE OF THE BONDS; 

(a) (B) prescribe, among other things but not limited to, the form, terms, provi- 
sions, manner or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of the Bonds and the issuance and sale thereof; 

(b) (C) approve (i) the pledge or assignment by the City of any of the security 
described in Section 5 6 of this Ordinance, pursuant to a trust agreement or 
similar agreement, (ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such provisions in any such trust 
agreement or similar agreement as the Board may deem reasonable and proper 
for the security of the holders of the Bonds; 

(e) (D) approve the terms and conditions, including but not limited to the terms 
and conditions of any documents to be executed and delivered by the City (other 
than customary financing statements and closing certificates), under which the 



ORDINANCES 119 

proceeds of the Bonds will be made available to the Borrower to finance the costs 
of the completion of the Facility; and 

(tJ) (E) do any and all things necessary, proper or expedient in connection with 
the issuance, sale and delivery of the Bonds. 

Sec, 5 6. And be it further ordained, That any and all of the Bonds shall not be 
general obligations of the City and shall not be a pledge of or involve the faith 
and credit or the taxing power of the City, and shall not constitute a debt of the 
City, all within the meaning of Section 7 of Article XI of the Constitution of 
Maryland or any other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other obligations of the City. 
All of the Bonds shall be limited obligations of the City, and shall be fully 
negotiable, payable, as to both principal and interest, solely from and secured 
solely by a pledge of (I) the revenues from or arising in connection with the Facili- 
ty, (II) the revenues from or arising in connection with any contracts, mortgages 
or other securities purchased or otherwise acquired with the proceeds of the 
Bonds, (III) the contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, or (IV) any combination of (I), (II) or 
(III), all as the Board may approve by a resolution or resolutions adopted prior to 
the issuance, sale and delivery of any of the Bonds. 

Sec. 6 7. And be it further ordained. That the Borrower shall agree that: 

(a) it will submit any plans and specifications for the Facility to the Department 
of Housing and Community Development for approval, and that the Department 
of Housing and Community Development may refuse approval of any plans and 
specifications for aesthetic or functional reasons; and 

(b) it and its developers will work with the design advisory group appointed by 
the Department of Housing and Community Development in order to achieve 
high quality site, building, and landscape design. 

Sec. 7 8. And be it further ordained, That any and all of the bonds shall be ex- 
ecuted in the name of the City and on its behalf by the Mayor of the City, by his 
manual or facsimile signature, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal, by his manual signature. Any trust agreement or 
other documents as the Board shall deem necessary to effectuate the issuance, 
sale and delivery of the Bonds shall be executed in the name of the City and on its 
behalf by the Mayor of the City by his manual or facsimile signature, and the cor- 
porate seal of the City or a facsimile thereof shall be impressed or otherwise 
reproduced thereon and attested by the Custodian of the City Seal by his manual 
signature. In case any officer whose signature or a facsimile of whose signature 
shall appear on the Bonds or any of the aforesaid documents shall cease to be 
such officer before the delivery of the Bonds or any of the other aforesaid 
documents, such signature or such facsimile shall nevertheless be valid and suffi- 
cient for all purposes, the same as if such officer had remained in office until 
delivery. The Mayor of the City, the Director of Finance of the City, the Custo- 
dian of the City Seal and other officials of the City are hereby authorized and em- 



120 ORDINANCES Ord. No. 48 

powered to do all such acts and things and execute such documents and cer- 
tificates as the Board may determine by resolution to be necessary to carry out 
and comply with the provisions hereof. 

Sec. 8 9. And be it further ordained, That any and all necessary financing 
statements required for the consummation of the transactions authorized by this 
Ordinance may be executed on behalf of the City by the Mayor of the City or by 
the Chief,' Bureau of Treasury Management of the City or by such other ap- 
propriate official of the City as may be designated by the Mayor of the City to ex- 
ecute such financing statements. 

Sec. 9 10. And be it further ordained. That the authority to issue the Bonds is 
intended and shall be deemed to include the authority to issue bond anticipation 
notes pursuant to Section 12 of Article 31 of the Annotated Code of Maryland 
(1978 Replacement Volume and 1983 Cumulative Supplement), as amended (the 
"Bond Anticipation Note Enabling Legislation"). Reference in this Ordinance to 
the "Bonds" shall include such bond anticipation notes where appropriate. Prior 
to the issuance, sale and delivery of any series of bond anticipation notes, the 
Board shall adopt a resolution or resolutions, to: 

(A) APPROVE THE ISSUANCE OF SUCH BOND ANTICIPATION NOTES; 

(a) (B) prescribe, among other things but not limited to, the form, terms, pro- 
visions, manner or method of issuing and selling (including negotiated as well as 
competitive bid sale) and the time or times of issuance, and any and all other 
details of such bond anticipation notes and the issuance and sale thereof; 

(b) (C) approve (i) the pledge or assignment by the City of any of the security 
described in Section 6 6 of this Ordinance, pursuant to a trust agreement or 
similar agreement, (ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such provisions in any such trust 
agreement or similar agreement as the Board may deem reasonable and proper 
for the security of the holders of such bond anticipation notes; 

(c) (D) approve the terms and conditions, including but not limited to the terms 
and conditions of any documents to be executed and delivered by the City (other 
than customary financing statements and closing certificates), under which the 
proceeds of such bond anticipation notes will be made available to the Borrower 
to finance the costs of the completion of the Facility; and 

(^ (E) do any and all things necessary, proper or expedient in connection with 
the issuance, sale and delivery of such bond anticipation notes. 

In accordance with the Bond Anticipation Note Enabling Legislation, the City 
hereby covenants to pay any bond anticipation notes issued pursuant to this Sec- 
tion of this Ordinance and the interest thereon from the proceeds of the Bonds in 
anticipation of the sale of which such notes are issued, and the City hereby fur- 
ther covenants to issue such Bonds, as the case may be, when, and as soon as, the 
reason for deferring the issuance of the Bonds no longer exists. The timely is- 
suance of such Bonds, however, is dependent upon matters not within the control 
of the City, including (without limitation) the existence of a purchaser or pur- 
chasers for such Bonds at the time the reason for deferring the issuance of the 



ORDINANCES 121 

Bonds no longer exists and the effectiveness of various actions taken by the Bor- 
rower, its officers, agents and employees. 

Sec. i6 II. A Jid be it further ordained, That the provisions of this Ordinance 
are severable, and if any provision, sentence, clause, section or part hereof is 
held illegal, invalid or unconstitutional or inapplicable to any person or cir- 
cunnstances, such illegality, invalidity or unconstitutionality, or inapplicability 
shall not affect or impair any of the remaining provisions, sentences, clauses, sec- 
tions, or parts of this Ordinance or their application to other persons or cir- 
cumstances. It is hereby declared to be the legislative intent that this Ordinance 
would have been passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or parfhad not been included herein, and if the person 
or circumstances to which this Ordinance or any part hereof are inapplicable had 
been specifically exempted herefrom. 

Sec. 13 12. And he it further ordained, That either the Bonds or bond anticipa- 
tion notes issued pursuant to Section 9 10 of this Ordinance in anticipation of the 
issuance of the Bonds must be issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the City; provided, however, 
that the Board, after a showing of good cause at a public hearing held before the 
Board prior to or after the expiration of such six month period, may extend the 
period during which either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed six months from the date on 
which the first six month period expired. The Board, in its sole discretion, and 
without action by the City Council, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested extension of the sbc month 
period. If an extension is granted, notice of such extension and the reasons 
therefor must be sent to the City Council. To the extent that neither the Bonds 
nor such bond anticipation notes are issued and sold vsithin twelve months from 
the date on which this Ordinance is approved by the Mayor of the City, the 
authority provided in this Ordinance for the City to issue and sell the Bonds and 
such bond anticipation notes shall expire. 

Sec. 12 13. And he it further ordained. That this Ordinance shall take effect 
from the date of its passage. 

Approved April 19, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



122 ORDINANCES Ord. No. 49 

No. 49 
(Council No. 174) 

AN ORDINANCE concerning 

POLLUTION CONTROL REVENUE BONDS 
(GENERAL MOTORS CORPORATION PROJECT) SERIES 1984 

FOR the purpose of authorizing and empowering Mayor and City Council of 
Baltimore to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, 
its pollution control revenue bonds, in the aggregate principal amount not to 
exceed $13,200,000, pursuant to the provisions of Subsection (50) of Article II 
of the Charter of Baltimore City (1964 Revision), as amended, for the sole and 
exclusive purpose of financing the costs of the completion by General Motors 
Corporation, a Delaware corporation, of a certain project in Baltimore City 
consisting of (a) the construction of a building on land with respect to the 
General Motors Corporation - Worldwide Truck and Bus Division, Baltimore, 
Maryland (the "Building"), (b) the acquisition and installation in the Building of 
such machinery and equipment, and any or all other improvements therein, as 
may be necessary or useful in connection with the operation of an industrial 
waste water pretreatment plant, (c) the construction of improvements as may 
be necessary or suitable for the foregoing, including roads and rights of ac- 
cess, utilities and other necessary site preparation and (d) the costs incidental 
thereto (the "Project"); authorizing the Mayor of the City, on behalf of the City 
Council, to accept the letter of intent dated February 22, 1984 from General 
Motors Corporation, to the City; making certain legislative findings; RE- 
SERVING IN THE CITY CERTAIN RIGHTS CONCERNING THE IS- 
SUANCE OF SUCH BONDS; authorizing and empowering the Board of 
Finance of the City, by a resolution or resolutions adopted prior to the is- 
suance, sale and delivery of any series of such bonds, to (a) APPROVE THE 
ISSUANCE OF SUCH BONDS, (B) prescribe, among other things but not 
limited to, the form, terms, provisions, manner or method of issuing and sell- 
ing (including negotiated as well as competitive bid sale), and the time or times 
of issuance, and any and all other details of such bonds, and (b) (C) do any and 
all things necessary, proper or expedient in connection with the issuance and 
sale of such bonds; providing that General Motors Corporation shall agree to 
submit any plans and specifications to, and to coordinate with, the Department 
of Housing and Community Development in connection with the completion of 
such Project; providing that such bonds (or bond anticipation notes issued in 
anticipation of the issuance of such bonds) must be issued and sold within six 
months from the date this Ordinance is approved by the Mayor, unless the 
Board of Finance approves one six month extension as provided in this 
Ordinance; authorizing the issuance of notes in anticipation of the issuance of 
such revenue bonds; and generally providing for and determining various mat- 
ters and details in connection with the issuance and sale of such bonds and 
bond anticipation notes. 



ORDINANCES 123 

RECITALS 

Subsection (50) of Article II of the Charter of Baltimore City (1964 Revision), 
as amended (the "EnabHng Law"), empowers Mayor and City Council of 
Baltimore (the "City") to borrow money to finance undertakings for the ac- 
complishment of any of the purposes, objects and powers of the City and in con- 
nection therewith to issue bonds, notes, or other obligations (including refunding 
bonds, notes or other obligations), all of which shall be fully negotiable, payable, 
as to both principal and interest, solely from and secured solely by a pledge of (I) 
the revenues from or arising in connection with the property, facilities, 
developments and improvements whose financing is undertaken by the issuance 
of such bonds, notes or other obligations, (II) the revenues from or arising in con- 
nection with any contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or other obligations, (III) the con- 
tracts, mortgages or other securities purchased or otherwise acquired with the 
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I), 
(II) or (III). The purposes, objects and powers of the City contemplated by the 
Enabling Law include the relief of conditions of unemployment in Baltimore 
City, encouraging the increase of industry and a balanced economy in Baltimore 
City, promoting economic development in Baltimore City, and promoting the 
health, welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated February 22, 1984 (the "Letter of 
Intent") from General Motors Corporation, a Delaware corporation (the "Bor- 
rower"), pursuant to which the Borrower has requested the City to participate in 
the financing of the costs of the completion by the Borrower of a certain project 
in Baltimore City, Maryland (the "Project"), by issuing and selling the City's 
pollution control revenue bonds in the aggregate principal amount not to exceed 
$13,200,000 (the "Bonds"), and by making the proceeds of the Bonds available to 
the Borrower to be used by the Borrower for the sole and exclusive purpose of 
financing the costs of the completion of the Project by the Borrower. 

The Baltimore City Council adopted a Resolution on March 5, 1984 (the 
"Resolution") and therein stated the present intention of the Baltimore City 
Council to participate in the financing of the acquisition of the Project. The 
Resolution provided that upon the execution and delivery of the Letter of Intent 
by the Mayor of the City, the Resolution would indicate the present intent of the 
City to provide assistance in such financing in an amount not to exceed 
$13,200,000, by authorizing the issuance, sale and delivery of its Bonds pursuant 
to the Enabling Law and by lending the proceeds thereof to the Applicant for the 
purpose of financing the acquisition of the Project, directly or by reimbursement, 
and paying the necessary expenses of preparing, printing and selling the Bonds, 
and any other costs permitted by the Enabling Law, all in accordance with the 
Enabling Law. On March 12, 1984, the Mayor of the City accepted, executed and 
delivered the Letter of Intent. 

The Project, which is an "undertaking" which will accomplish the purposes, ob- 
jects and powers of the City as mentioned in the Enabling Law, will consist 
generally of (a) the construction of a building on land with respect to the General 
Motors Corporation -Worldwide Truck and Bus Division, Baltimore, Maryland 
(the "Building"), (b) the acquisition and installation in the Building of such 



124 ORDINANCES Ord. No. 49 

machinery and equipment, and any or all other improvements therein, as may be 
necessary or useful in connection with the operation of an industrial waste water 
pretreatment plant, (c) the construction of improvements as may be necessary or 
suitable for the foregoing, including roads and rights of access, utilities and other 
necessary site preparation and (d) the costs incidental thereto (the "Project"). 
Upon completion, the Project will be owned by the Borrower for use in connec- 
tion with the manufacture of motor vehicles. 

The Enabling Law provides that the City may authorize and empower the 
Board of Finance of the City (the "Board") by resolution to determine and set 
forth the form, terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time or times of is- 
suance, and any and all other details of the Bonds and the issuance and sale 
thereof, and to do any and all things necessary, proper or expedient in connection 
with the issuance and sale of the Bonds. 

NOW THEREFORE. IN ACCORDANCE WITH THE ENABLING LAW: 

Section I.Beit ordained by Mayor and City Council of Baltimore, That acting 
pursuant to the Enabling Law, it is hereby found and determined as follows: 

(1) The Resolution as adopted by the Baltimore City Council is confirmed and 
the intent of the City to assist in the financing of the Project as evidenced by the 
Resolution and by the execution and delivery of the Letter of Intent by the 
Mayor of the City is confirmed. 

(2) The issuance and sale of the Bonds by the City pursuant to the Enabling 
Law in order to make the proceeds thereof available to the Borrower for the sole 
and exclusive purpose of financing the costs of completion of the Project will 
facilitate and expedite the completion of the Project by the Borrower. 

(3) The completion of the Project by the Borrower and the financing of the 
costs of such completion as provided in this Ordinance will serve to promote the 
general purposes contemplated by the Enabling Law by (a) sustaining jobs and 
employment in Baltimore City; (b) promoting economic development in 
Baltimore City; (c) encouraging the increase of industry and a balanced economy 
in Baltimore City; (d) promote economic development and the health, welfare and 
safety of the residents of Baltimore City and the State of Maryland; (e) assist in 
the protection of natural resources and the retention of existing industry in 
Baltimore City and the State of Maryland through the control, reduction or 
abatement of pollution in the environment; and (f) will enable the Borrower to 
maintain its manufacturing operations in the City. 

(4) Any and all of the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within the meaning of Section 
7 of Article XI of the Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting or restricting the 
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds 
shall be limited obligations of the City, and shall be fully negotiable, payable, as 



ORDINANCES 125 

to both principal and interest, solely from and secured solely by a pledge of (I) the 
revenues from or arising in connection with the Project, (II) the revenues from or 
arising in connection with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired with the proceeds 
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap- 
prove by a resolution or resolutions adopted prior to the issuance, sale and 
delivery of any of the Bonds. 

Sec. 2. And be it further ordained. That the City is hereby authorized and em- 
powered to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, its 
pollution control revenue bonds, in the aggregate principal amount not to exceed 
$13,200,000, subject to the provisions of this Ordinance. The proceeds of the 
Bonds will be made available to the Borrower under terms and conditions ap- 
proved by the Board and set forth in a Resolution, and used by the Borrower for 
the sole and exclusive purpose of financing the costs of the completion of the 
Project. 

Sec. 3. And be it further ordained, That this Ordinance constitutes the present 
intent of the City to issue the Bonds, and the acceptance by the Mayor of the City 
of the Letter of Intent on behalf of the City is hereby ratified in order to further 
evidence the present intent of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. THE CITY INTENDS THAT THE 
ENACTMENT OF THIS ORDINANCE SHALL BE AND CONSTITUTE "OF- 
FICIAL ACTION" WITHIN THE MEANING OF SECTION 1.103-8(a) (5) OF 
THE INCOME TAX REGULATIONS PRESCRIBED BY THE UNITED 
STATES DEPARTMENT OF TREASURY PURSUANT TO SECTION 103 OF 
THE INTERNAL REVENUE CODE OF 1954, AS AMENDED. THE CITY 
AND THE BORROWER CONTEMPLATE THAT, UPON THE EFFEC- 
TIVENESS OF THIS ORDINANCE, THE BORROWER ^L\Y COMMENCE 
THE ACQUISITION OF THE PROJECT PRIOR TO THE ISSUANCE, SALE 
AND DELIVERY OF THE BONDS; PROVIDED, HOWEVER THAT IF THE 
BORROWER PROCEEDS WITH THE ACQUISITION OF THE PROJECT 
PRIOR TO THE ADOPTION OF A RESOLUTION BY THE BOARD, AS 
DESCRIBED IN SECTION 5(A) BELOW, THE BORROWER DOES SO AT 
ITS OWN RISK. 

SEC. 4. AND BE IT FURTHER ORDAINED, THAT THE CITY 
RESERVES THE RIGHT. IN ITS SOLE AND ABSOLUTE DISCRETION, TO 
TAKE ANY ACTIONS DEEMED NECESSARY BY THE CITY IN ORDER 
TO INSURE THAT THE CITY (A) COMPLIES WITH PRESENT FEDERAL 
AND STATE LAWS AND ANY PENDING OR FUTURE FEDERAL OR 
STATE LEGISLATION, WHETHER PROPOSED OR ENACTED, WHICH 
MAY RESTRICT THE ISSUANCE OF POLLUTION CONTROL REVENUE 
BONDS, AND (B) ISSUES ITS BONDS (WITHIN THE MEANING OF THE 
ENABLING LAW AND ANY PRESENT OR FUTURE STATE AND LOCAL 
LAWS), WITHIN THE LIMITS IMPOSED BY ANY SUCH PRESENT LAWS 
OR ANY SUCH PENDING OR FUTURE LEGISLATION OR ANY FUTURE 
LOCAL LAWS. TO FINANCE THOSE PROJECTS WHICH THE CITY 



126 ORDINANCES Ord. No. 49 

DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, WILL PRO- 
VIDE THE GREATEST BENEFIT TO THE CITY. 

PURSUANT TO THE PROVISIONS OF THIS SECTION 4, THE CITY 
RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, 
TO, AMONG OTHER THINGS, (1) NEVER ISSUE THE BONDS, (2) ISSUE 
ONLY A PORTION OF THE AGGREGATE PRINCIPAL AMOUNT OF THE 
BONDS REQUESTED BY THE BORROWER, (3) RESTRICT THE USE OF 
THE PROCEEDS OF THE BONDS, (4) DELAY INDEFINITELY THE IS- 
SUANCE OF THE BONDS, OR (5) TAKE ANY OTHER ACTIONS DEEMED 
NECESSARY BY THE CITY, IN ITS SOLE AND ABSOLUTE DISCRETION, 
IN ORDER TO INSURE THAT THE CITY ACHIEVES THE GOALS SET 
FORTH IN THE PRECEDING PARAGRAPH. 

IN ADDITION, IN THE EVENT THAT ANY PRESENT LAW OR ANY 
PENDING OR FUTURE LEGISLATION LIMITS OR WOULD LIMIT (BY A 
VOLUME CAP OR OTHERWISE) THE CITY'S ABILITY TO ISSUE BONDS 
OR OTHER OBLIGATIONS, THE INTEREST PAYABLE ON WHICH IS TO 
BE EXEMPT FROM FEDERAL INCOME TAXATION, THE CITY RE- 
SERVES THE RIGHT TO CHOOSE TO ISSUE ITS BONDS (WITHIN THE 
MEANING OF THE ENABLING LAW AND ANY PRESENT OR FUTURE 
STATE AND LOCAL LAWS) FOR PROJECTS OTHER THAN THE PROJ- 
ECT, IN SUCH ORDER OF PRIORITY AS IT MAY DETERMINE IN ITS 
SOLE AND ABSOLUTE DISCRETION. 

Sec. 4 5. And be it further ordained, That, as perniitt€d by the Enabhng Law, 
the Board is hereby authorized and empowered, by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of the Bonds, to: 

(A) APPROVE THE ISSUANCE OF THE BONDS; (a) (B) prescribe, among 
other things but not limited to, the form, terms, provisions, manner or method of 
issuing and selling (including negotiated as well as competitive bid sale), and the 
time or times of issuance, and any and all other details of the Bonds and the is- 
suance and sale thereof; 

(b) (C) approve (i) the pledge or assignment by the City of any of the security 
described in Section 6 6 of this Ordinance, pursuant to a trust agreement or 
similar agreement, (ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such provisions in any such trust 
agreement or similar agreement as the Board may deem reasonable and proper 
for the security of the holders of the Bonds; 

(e) (D) approve the terms and conditions, including but not limited to the terms 
and conditions of any documents to be executed and delivered by the City (other 
than customary financing statements and closing certificates), under which the 
proceeds of the Bonds will be made available to the Borrower to finance the costs 
of the completion of the Project; and 

(d) (E) do any and all things necessary, proper or expedient in connection with 
the issuance, sale and delivery of the Bonds. 



ORDINANCES 127 

Sec. ^6. And be it further ordained, That any and all of the Bonds shall not be 
general obligations of the City and shall not be a pledge of or involve the faith 
and credit or the taxing power of the City, and shall not constitute a debt of the 
City, all within the meaning of Section 7 of Article XI of the Constitution of 
Maryland or any other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other obligations of the City. 
All of the Bonds shall be limited obligations of the City, and shall be fully 
negotiable, payable, as to both principal and interest, solely from and secured 
solely by a pledge of (I) the revenues from or arising in connection with the Proj- 
ect, (II) the revenues from or arising in connection with any contracts, mortgages 
or other securities purchased or otherwise acquired with the proceeds of the 
Bonds, (III) the contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, or (IV) any combination of (I), (II) or 
(III), all as the Board may approve by a resolution or resolutions adopted prior to 
the issuance, sale and delivery of any of the Bonds. 

Sec. 6 7. And be it further ordained, That the Borrower shall agree that: 

(a) it will submit any plans and specifications for the Project to the Department 
of Housing and Community Development for approval, and that the Department 
of Housing and Community Development may refuse approval of any plans and 
specifications for aesthetic or functional reasons; and 

(b) if applicable, it and its developers will work with the design advisory group 
appointed by the Department of Housing and Community Development in order 
to achieve high quality site, building, and landscape design. 

Sec. 7 8. And be it further ordained. That any and all of the Bonds shall be ex- 
ecuted in the name of the City and on its behalf by the Mayor of the City, by his 
manual or facsimile signature, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal, by his manual or facsimile signature. Any trust agree- 
ment or other documents as the Board shall deem necessary to effectuate the is- 
suance, sale and delivery of the Bonds shall be executed in the name of the City 
and on its behalf by the Mayor of the City by his manual or facsimile signature, 
and the corporate seal of the City or a facsimile thereof shall be impressed or 
otherwise reproduced thereon and attested by the Custodian of the City Seal by 
his manual or facsimile signature. In case any officer whose signature or a fac- 
simile of whose signature shall appear on the Bonds or any of the aforesaid 
documents shall cease to be such officer before the delivery of the Bonds or any 
of the other aforesaid documents, such signature Or such facsimile shall never- 
theless be valid and sufficient for all purposes, the same as if such officer had re- 
mained in office until delivery. The Mayor of the City, the Director of Finance of 
the City, the Custodian of the City Seal and other officials of the City are hereby 
authorized and empowered to do all such acts and things and execute such 
documents and certificates as the Board may determine by resolution to be 
necessary to carry out and comply with the provisions hereof 



128 ORDINANCES Ord. No. 49 

Sec. 8 9. And be it further ordained, That any and all necessary financing 
statements required for the consummation of the transactions authorized by this 
Ordinance may be executed on behalf of the City by the Mayor of the City or by 
the Chief, Bureau of Treasury Management of the City or by such other appro- 
priate official of the City as may be designated by the Mayor of the City to 
execute such financing statements. 

Sec. 9 10. And be it further ordained, That the authority to issue the Bonds is 
intended and shall be deemed to include the authority to issue bond anticipation 
notes pursuant to Section 12 of Article 31 of the Annotated Code of Maryland 
(1983 Replacement Volume), as amended (the "Bond Anticipation Note Enabling 
Legislation"). Reference in this Ordinance to the "Bonds" shall include such bond 
anticipation notes where appropriate. Prior to the issuance, sale and delivery of 
any series of bond anticipation notes, the Board shall adopt a resolution or resolu- 
tions, to: 

(A) APPROVE THE ISSUANCE OF SUCH BOND ANTICIPATION NOTES; 
(a) (B) prescribe, among other things but not limited to, the fo<-m, terms, provi- 
sions, manner or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of such bond anticipation notes and the issuance and sale thereof; 

(b) (C) approve (i) the pledge or assignment by the City of any of the security 
described in Section & 6 of this Ordinance, pursuant to a trust agreement or 
similar agreement, (ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such provisions in any such trust 
agreement or similar agreements as the Board may deem reasonable and proper 
for the security of the holders of such bond anticipation notes; 

(e) (D) approve the terms and conditions, including but not limited to the terms 
and conditions of any documents to be executed and delivered by the City (other 
than customary financing statements and (Closing certificates), under which the 
proceeds of such bond anticipation notes will be made available to the Borrower 
to finance the costs of the completion of the Project; and 

(tJ) (E) do any and all things necessary, proper or expedient in connection with 
the issuance, sale and delivery of such bond anticipation notes. 

In accordance with the Bond Anticipation Note Enabling Legislation, the City 
hereby covenants to pay any bond anticipation notes issued pursuant to this Sec- 
tion of this Ordinance and the interest thereon from the proceeds of the Bonds in 
anticipation of the sale of which such notes are issued, and the City hereby fur- 
ther covenants to issue such Bonds, as the case may be, when, and as soon as, the 
reason for deferring the issuance of the Bonds no longer exists. The timely is- 
suance of such Bonds, however, is dependent upon matters not within the control 
of the City, including (without limitation) the existence of a purchaser or pur- 
chasers for such Bonds at the time the reason for deferring the issuance of the 
Bonds no longer exists and the effectiveness of various actions taken by the Bor- 
rower, its officers, agents and employees. 

Sec. W 11. And be it further ordained, That the provisions of this Ordinance 
are severable, and if any provision, sentence, clause, section or part hereof is 



ORDINANCES 129 

held illegal, invalid or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutionality, or inapplicability 
shall not affect or impair any of the remaining provisions, sentences, clauses, sec- 
tions, or parts of this Ordinance or their application to other persons or other cir- 
cumstances. It is hereby declared to be the legislative intent that this Ordinance 
would have been passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included herein, and if the person 
or circumstances to which this Ordinance or any part hereof are inapplicable had 
been specifically exempted herefrom. 

Sec. H 12. And be it further ordained, That either the Bonds or bond anticipa- 
tion notes issued pursuant to Section 9 10 of this Ordinance in anticipation of the 
issuance of the Bonds must be issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the City; provided, however, 
that the Board, after showing of good cause at a public hearing held before the 
Board prior to or after the expiration of such six month period, may extend the 
period during which either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed six months from the date on 
which the first six month period expired. The Board, in its sole discretion, and 
without action by the City Council, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested extension of the six month 
period. If an extension is granted, notice of such extension and the reasons 
therefor must be sent to the City Council. To the extent that neither the bonds 
nor such bond anticipation notes are issued and sold within twelve months from 
the date on which this Ordinance is approved by the Mayor of the City, the 
authority provided in this Ordinance for the City to issue and sell the Bonds and 
such bond anticipation notes shall expire. 

Sec. i£ 13. And be it further ordained, That this Ordinance shall take effect 
from the date of its passage. 

Approved April 19, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



130 ORDINANCES Ord. No. 50 

No. 50 
(Council No. 180) 

AN ORDINANCE concerning 

CITY PROPERTY -SALE 

FOR the purpose of authorizing the sale of the Baltimore City Hospitals Complex 
situate at 4940 Eastern Avenue, Baltimore, Maryland including all property 
interests therein, whether real, personal, mixed, tangible or intangible to The 
Johns Hopkins Hospital and other affiliated institutions. 

BY authority of 

Article II -General Powers 

Sections 11 and 47 

Baltimore City Charter (1964 Revision as amended) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
the Mayor of Baltimore City or such other person as the Board of Estimates may 
designate be and he is hereby authorized to sell at private sale in accordance with 
Article II Sections 1 1 and 47 of the City Charter, all of the interest of the Mayor 
and City Council of Baltimore in and to the Baltimore City Hospitals Complex 
located at 4940 Eastern Avenue, Baltimore, Maryland. 

Sec. 2. Be it further ordained, That the terms and conditions of any such sale 
be first approved by the Board of Estimates. 

Sec. 3. Be it further ordained. That no deed or deeds shall pass in accordance 
herewith until the same shall have been first approved by the City Solicitor. 

Sec. 4. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved April 19, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



ORDINANCES 131 

No. 51 
(Council No. 152) 

AN ORDINANCE concerning 

911 S URCHARGE SYSTEM ADDITIONAL CHARGE 

FOR the purpose of imposing an additional charge of 30 cents per month to be 
applied to all current bills rendered for switched local exchange access service 
within Baltimore City after July 1, 1984 upon implementation of^H: OF A 911 
SYSTEM. 

BY adding 

Article 28 -Taxes 

Section 75 

Baltimore City Code (1983 Replacement Volume) 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1983 Replacement Volume, as amended) 
be added, repealed, or amended, to read as follows: 

ARTICLE 28 -TAXES 

75. 911 Emergency Telephone System Surcharg e ADDITIONAL CHARGE. 

There is hereby levied and imposed under the provisions of and in compliance 
urith Article Ul, Section 20ltH-5(c) of the Annotated Code of Mary landr( 1982 
REPL. VOL.), an additional charge of 30 cents per month to be applied to all cur- 
rent bills rejulered for switched local exchange access service within Baltimore 
City. This charge shall be in addition to the 911 fee imposed by Section 204H-5(b) 
of the said article and code and it shall be applied to all current bills rendered for 
SWITCHED LOCAL EXCHANGE ACCESS service WITHIN BALTIMORE 
CITY upon implementation vf 911 OF A 911 SYSTEM ajler July 1, 198J,. The 
amount of this levy may not exceed a level necessary to cover the total amount of 
e ligibl e 911 OF THE ELIGIBLE 911 SYSTEM operating and maintenance 
costs to OF the City. 

Sec. 2. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved May 1, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



132 ORDINANCES Ord. No. 52 

No. 52 
(Council No. 81) 

AN ORDINANCE concerning 

ZONING- APPROVAL FOR CONDITIONAL USE 
PARKING LOT 

FOR the purpose of granting permission for the establishment, maintenance and 
operation of an open off-street parking area on the property located at the 
East corner of Reisterstown Road and West Garrison Avenue as outlined in 
red on the plats accompanying this ordinance, subject to the condition that the 
l ot shall b e us e d by c hu rc h m e mb e rs IF THE LOT IS NOT USED BY THE 
CHURCH MEMBERS AS A PARKING LOT IT SHALL REVERT TO THE 
CITY. 

BY authority of 
Article 30 -Zoning 
Sections 4.6-ld and 11.0-6d 
Baltimore City Code (1983 Replacement Volume, as amended) 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
permission is hereby granted for the establishment, maintenance and operation 
of an open off-street parking area on the property located at the East corner of 
Reisterstown Road and West Garrison Avenue, as outlined in red on the plats ac- 
companying this ordinance, under the provisions of Sections 4.6-ld and 11.0-6d 
of Article 30 of the Baltimore City Code (1983 Replacement Volume, as amend- 
ed) title "Zoning", subject to the condition that the parking lot shall be used as a 
parking lot for the members of the Christian Temple Faith Church AND IF AT 
ANY TIME IT IS NOT SO USED, THEN THE FEE SIMPLE TITLE TO THE 
PROPERTY SHALL IMMEDIATELY REVERT TO THE CITY, FREE AND 
CLEAR OF ANY RIGHTS OF THE CHURCH AND THE CITY SHALL RE- 
TAIN ALL PAYMENTS MADE BY THE CHURCH FREE AND CLEAR OF 
ANY RIGHTS OF THE CHURCH. 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Plaiming Commission, the Com- 
missioner of the Department of Housing and Community Development and the 
Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved May 2, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 133 

No. 53 
(Council No. 105) 

AN ORDINANCE concerning 

CITY PROPERTY -SALE 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to sell 
either at public or private sale all the interest of the Mayor and City Council of 
Baltimore in and to a certain parcel of land no longer needed for public use, 
same being the northeasternmost 51 square feet (0.00117 acre) of land in Lot 
45, Block 7650C, NW Side Reedbird Avenue, southeast of Lot 19, Block 7618. 

BY authority of 

Article V- Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision as amended) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
the Comptroller of Baltimore City be and he is hereby authorized to sell at either 
public or private sale in accordance with Article V, Section 5(b) of the City 
Charter, all of the interest of the Mayor and City Council of Baltimore in and to 
that parcel of land situate in Baltimore, Maryland, and described as follows: 

BEGINNING for the same at a 1 inch iron pipe heretofore set on the north- 
west side of Reedbird Avenue, 60 feet wide, at a point distant 516.02 feet 
measured in a southwesterly direction on said northwest side of Reedbird 
Avenue from its intersection with the southwest side of Seamon Avenue, 60 
feet wide, said place of beginning being situate in the north outline of the plat 
of "Southwood", which plat is recorded among the Land Records of Baltimore 
City in Pocket Folder C.W.M., Jr. No. 2815, thence leaving said place of begin- 
ning and running and binding on the said north outline of said plat of 
"Southwood", referring all courses of this description to the Grid Meridian as 
established by the Baltimore City Survey Control System, (1) North 60 
degrees 55 minutes 01 seconds West 1.92 feet to a 1 inch iron pipe heretofore 
set in the 1st line of the land which by deed dated May 4, 1925, and recorded 
among the Land Records of Baltimore City in Liber S.C.L. No. 4382, folio 425, 
was conveyed by John L. Sanford, et al, to the Mayor and City Council of 
Baltimore, said iron pipe being situate at the southeast corner of the "Final 
Plat of Cherry Hill Village" recorded among the Land Records of Baltimore 
City in Liber M.L.P. No. 6699, folio 545, said iron pipe also being situate at the 
end of the 2nd line of the land which by deed dated January 25, 1945, and 
recorded among the Land Records of Baltimore City in Liber M.L.P. No. 
6699, folio 549, was conveyed by The Penniman and Adkins Holding Company 
to Cherry Hill Village, Inc., thence running and binding reversely on a part of 
said 1st line of the 1st hereinmentioned deed, also binding on a part of the 
southeast outline of the 2nd hereinmentioned plat and also binding reversely 
on said 2nd line of the 2nd hereinmentioned deed, (2) North 38 degrees 40 
minutes 00 seconds East 81.37 feet to a 1/2 inch iron bar now set on the 
abovementioned northwest side of Reedbird Avenue, thence running and bind- 



134 ORDINANCES Ord. No. 54 

ing thereon, (3) southwesterly by a line curving to the left with a radius of 
1 ,740.72 feet for a distance of 81 .08 feet (the arc of said curve being subtended 
by a chord of South 37 degrees 19 minutes 56 second West 81.07 feet) to the 
place of beginning, and containing 51 square feet (0.00117 acre) of land. 

Said property being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds shall pass in accordance 
herewith until the same shall have been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance shall take effect from 
the .date of its passage. 



Approved May 2, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 54 
(Council No. 108) 

AN ORDINANCE concerning 

ANIMAL CONTROL 

FOR the purpose of providing that any person who surrenders a dog to the 
Bureau of Animal Control may request that said dog not be used for research 
projects but instead be humanely destroyed; requiring the Bureau of Animal 
Control to comply with such a request; requiring the Bureau of Animal Control 
in cases where a dog is surrendered by someone other than the owner of said 
dog and where the owner of the dog can be identified, to notify the owner. 

BY adding to 

Article 11 -Health 

by adding a new Subsection to Section 31 

Section 31(h) 

Baltimore City Code (1983 Replacement Volume, as amended) 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added, 
repealed, or amended to read as follows: 

ARTICLE 11 -Health 

Animal Control 

h. Any person who surrenders a dog to the Bureau of Animal Control may re- 
quest that said dxyg not be used for research purposes but instead be hunuinely 
destroyed. The Bureau of Animal Control shall coTtiply with such a request. In a 
case where a dog is surretulered to the Bureau of Animal Control by a person 



ORDINANCES 135 

other than the owner of said dog, and if by a license tag or by other means the 
owner of the dog can be identified, the Bureau of Animal Control shall imr 
mediately upon surrender notify the owner by telephone or mail. 

Sec. 2. And be it further ordained, That in case it be judicially determined that 
any word, phrase, clause, item, sentence, paragraph, or section of this ordinance 
or the application thereof to any person or circumstance, is invalid, the remain- 
ing provisions and the application of such provisions to other persons or cir- 
cumstances shall not be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining provisions of this or- 
dinance, without the word, phrase, clause, item, sentence, paragraph or section, 
or the application thereof, so held invalid. 

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty 
(30) days from the date of its passage. 



Approved May 2, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 55 
(Council No. 151) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS - 
(OLD FRIENDS LIMITED PARTNERSHIP PROJECT) 

FOR the purpose of authorizing and empowering Mayor and City Council of 
Baltimore to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, 
its industrial development revenue bonds, in the aggregate principal amount 
not to exceed $3,000,000, pursuant to the provisions of Sub-section (50) of 
Article II of the Charter of Baltimore City (1964 Revision), as amended, for 
the sole and exclusive purpose of financing the costs of the completion by Old 
Friends Limited Partnership, a Maryland limited partnership, of a certain 
project in Baltimore City located at 1714-1736 Park Avenue, in Bolton Hill, in 
Baltimore City, consisting generally of the acquisition of such land, which con- 
tains approximately 24,245 square feet, and the building thereon, which con- 
tains approximately 50,000 square feet and is known as the "Old Friends 
School", the renovation of such building into approximately 51 TO 53 rental 
apartments, the construction of approximately 27 parking spaces, and the 
equipping of such building, to be owned by Old Friends Limited Partnership 
and operated as a rental apartment facility; authorizing the Mayor of the City, 
on behalf of the City, to accept the letter of intent from Herbert J. Bitrgal 
SIEGEL, on behalf of Old Friends Limited Partnership, to the City dated 
December 20, 1983, as supplemented; making certain legislative findings; 
authorizing and empowering the Board of Finance of the City, by a resolution or 



136 ORDINANCES Ord. No. 55 

resolutions adopted prior to the issuance, sale and delivery of any series of such 
bonds, to (a) prescribe, among other things but not limited to, the form, terms, 
provisions, manner or method of issuing and selling (including negotiated as well 
as competitive bid sale), and the time or times of issuance, and any and all other 
details of such bonds, and (b) do any and all things necessary, proper or expe- 
dient in connection with the issuance and sale of such bonds; providing that 
Old Friends Limited Partnership shall agree to submit any plans and specifica- 
tions to, and to coordinate with, the Department of Housing and Community 
Development in connection with the completion of such project; providing that 
such bonds (or bond anticipation notes issued in anticipation of the issuance of 
such bonds) must be issued and sold within six months from the date this 
Ordinance is approved by the Mayor, unless the Board of Finance approves 
one six month extension as provided in this Ordinance; authorizing the is- 
suance of notes in anticipation of the issuance of such revenue bonds; and 
generally providing for and determining various matters and details in connec- 
tion with the issuance and sale of such bonds and bond anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision), 
as amended (the "Enabling Law"), empowers Mayor and City Council of 
Baltimore (the "City") to borrow money to finance undertakings for the ac- 
complishment of any of the purposes, objects and powers of the City and in con- 
nection therewith to issue bonds, notes, or other obligations (including refunding 
bonds, notes or other obligations), all of which shall be fully negotiable, payable, 
as to both principal and interest, solely from and secured solely by a pledge of (I) 
the revenues from or arising in connection with the property, facilities, 
developments and improvements whose financing is undertaken by the issuance 
of such bonds, notes or other obligations, (II) the revenues from or arising in con- 
nection with any contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of such bonds, notes or other obligations, (III) the con- 
tracts, mortgages or other securities purchased or otherwise acquired with the 
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I), 
(II) or (III). The purposes, objects and powers of the City contemplated by the 
Enabling Law include renovation of an abandoned structure into modern apart- 
ment units and thereby increasing the availability of rental housing in Baltimore 
City and increasing the City's tax base, the relief of conditions of unemployment 
in Baltimore City, encouraging the increase of industry and a balanced economy 
in Baltimore City, promoting economic development in Baltimore City, and pro- 
moting the health, welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent from Herbert J. S i e gal SIEGEL, on 
behalf of Old Friends Limited Partnership, a Maryland limited partnership (the 
"Borrower") dated December 20, 1983 (such letter of intent, as supplemented, is 
hereinafter referred to as the "Letter of Intent"), pursuant to which Herbert J. 
Siegal SIEGEL, on behalf of the Borrower, has requested the City to participate 
in the financing of the costs of the completion by the Borrower of a certain proj- 
ect in Baltimore City, Maryland (the "Project"), by issuing and selling the City's 
industrial development revenue bonds in the aggregate principal amount not to 
exceed $3,000,000 (the "Bonds"), and by making the proceeds of the Bonds 



ORDINANCES 137 

available to the Borrower to be used by tiie Borrower for the sole and exclusive 
purpose of financing the costs of the completion of the Project by the Borrower. 

The Project, which is an "undertaking" which will accomplish the purposes, ob- 
jects and powers of the City as mentioned in the Enabling Law, will consist 
generally of (a) the acquisition of (i) a parcel of land containing approximately 
24,245 square feet, located at 1714-1736 Park Avenue, in Bolton Hill, in 
Baltimore City, and (ii) the building thereon, which contains approximately 50,000 
square feet and is known as "Old Friends School", (b) the renovation of such 
building into approximately 51 TO 53 rental apartments, (c) the construction of 
approximately 27 parking spaces, (d) the acquisition and installation in such 
building of any or all machinery and equipment, and any and all other im- 
provements therein, as may be necessary or useful in connection with the opera- 
tion thereof as a rental apartment facility, and (e) the acquisition of such other in- 
terests in land as may be necessary or useful for the foregoing, including roads 
and rights of access, utilities and other necessary site preparation facilities. 
Upon completion, the Project will be owned by the Borrower and operated as a 
rental apartment facility. 

The Enabling Law provides that the City may authorize and empower the 
Board of Finance of the City (the "Board") by resolution to determine and set 
forth the form, terms, provisions, manner or methods of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time or times of is- 
suance, and any and all other details of the Bonds and the issuance and sale 
thereof, and to do any and all things necessary, proper or expedient in connection 
with the issuance and sale of the Bonds. 

NOW THEREFORE. IN ACCORDANCE WITH THE ENABLING LAW: 

Section I.Beit ordained by Mayor and City Council of Baltimore, That acting 
pursuant to the Enabling Law, it is hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pursuant to the Enabling 
Law in order to make the proceeds thereof available to the Borrower for the sole 
and exclusive purpose of financing the costs of completion of the Project will 
facilitate and expedite the completion of the Project by the Borrower. 

(2) The completion of the Project by the Borrower and the financing of the 
costs of such completion as provided in this Ordinance will serve to promote the 
general purposes contemplated by the Enabling Law by (a) renovating an aban- 
doned structure into modern apartment units and thereby increasing the 
availability of rental housing in Baltimore City and increasing the City's tax base; 
(b) promoting economic development in Baltimore City; (c) encouraging the in- 
crease of industry and a balanced economy in Baltimore City; and (d) promoting 
the health, welfare and safety of the residents of Baltimore City. 

(3) Any and all of the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within the meaning of Section 
7 of Article XI of the Constitution of Maryland or within the meaning of any 



138 ORDINANCES Ord. No. 55 

other constitutional, statutory or charter provision limiting or restricting the 
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds 
shall be limited obligations of the City, and shall be fully negotiable, payable, as 
to both principal and interest, solely from and secured solely by a pledge of (I) the 
revenues from or arising in connection with the Project, (II) the revenues from or 
arising in connection with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired with the proceeds 
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap- 
prove by a resolution or resolutions adopted prior to the issuance, sale and 
delivery of any of the Bonds. 

Sec. 2. Arid be it further ordained, That the City is hereby authorized and em- 
powered to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, its 
industrial development revenue bonds, in the aggregate principal amount not to 
exceed $3,000,000, subject to the provisions of this Ordinance. The proceeds of 
the Bonds will be made available to the Borrower under terms and conditions ap- 
proved by the Board and set forth in a Resolution, and used by the Borrower for 
the sole and exclusive purpose of financing the costs of the completion of the 
Project. 

Sec. 3. And be it further ordained, That this Ordinance constitutes the present 
intent of the City to issue the Bonds, and the Mayor of the City is hereby 
authorized to accept the Letter of Intent on behalf of the City in order to further 
evidence the present intent of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. 

Sec. 4. And be it further ordained, That, as permitted by the Enabling Law, 
the Board is hereby authorized and empowered, by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of the Bonds, to: 

(a) prescribe, among other things but not limited to, the amount, form, terms, 
provisions, manner or method of issuing and selling (including negotiated as well 
as competitive bid sale), and the time or times of issuance, and any and all other 
details of the Bonds and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of the security 
described in Section 5 of this Ordinance, pursuant to a trust agreement or similar 
agreement, (ii) the form of any trust agreement or similar agreement, as pro- 
vided in the Enabling Law, and (iii) such provisions in any such trust agreement 
or similar agreement as the Board may deem reasonable and proper for the 
security of the holders of the Bonds; 

(c) approve the terms and conditions, including but not limited to the terms and 
conditions of any documents to be executed and delivered by the City (other than 
customary financing statements and closing certificates), under which the pro- 
ceeds of the Bonds will be made available to the Borrower to finance the costs of 
the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in connection with the 
issuance, sale and delivery of the Bonds. 



ORDINANCES 139 

Sec. 5. And be it further ordained., That any and all of the Bonds shall not be 
general obligations of the City and shall not be a pledge of or involve the faith 
and credit or the taxing power of the City, and shall not constitute a debt of the 
City, all within the meaning of Section 7 of Article XI of the Constitution of 
Maryland or any other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other obligations of the City. 
All of the Bonds shall be limited obligations of the City, and shall be fully 
negotiable, payable, as to both principal and interest, solely from and secured 
solely by a pledge of (I) the r e v e nu e REVENUES from or arising in connection 
with the Project, (II) the revenues from or arising in connection with any contracts, 
mortgages or other securities purchased or otherwise acquired with the proceeds of 
the Bonds, (III) the contracts, mortgages or other securities purchased or other- 
wise acquired with the proceeds of the Bonds, or (IV) any combination of (I), (II) 
or (III), all as the Board may approve by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any of the Bonds. 

Sec, 6. And be it further ordained, That the Borrower shall agree that: 

(a) it will submit any plans and specifications for the Project to the Department 
of Housing and Community Development for approval, and that the Department 
of Housing and Conununity Development may refuse approval of any plans and 
specifications for aesthetic or functional reasons; and 

(b) it and its developers will work with the design advisory group appointed by 
the Department of Housing and Community Development in order to achieve 
high quality site, building, and landscape design. 

Sec. 7. And be it further ordained. That any and all of the Bonds shall be ex- 
ecuted in the name of the City and on its behalf by the Mayor of the City, by his 
manual or facsimile signature, and by the Director of Finance of the City, by his 
manual or facsinule signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal, by his manual or facsimile signature. If the Bonds are 
required to be manually signed by a trustee, issuing agent, fiscal agent, 
registrar, or other agent or custodian, the signatures of the Mayor, the Director 
of Finance and the Custodian of the City Seal may all be executed by facsimile. 
Any trust agreement or other documents as the Board shall deem necessary to 
effectuate the issuance, sale and delivery of the Bonds shall be executed in the 
name of the City and on its behalf by the Mayor of the City by his manual or fac- 
simile signature, and the corporate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested by the Custodian of the 
City Seal by his manual signature. In case any officer whose signature or a fac- 
simile of whose signature shall appear on the Bonds or any of the aforesaid 
documents shall cease to be such officer before the delivery of the Bonds or any 
of the other aforesaid documents, such signature or such facsimile shall never- 
theless be valid and sufficient for all purposes, the same as if such officer had re- 
mained in office until delivery. The Mayor of the City, the Director of Finance of 
the City, the Custodian of the City Seal and other officials of the City are hereby 
authorized and empowered to do ail such acts and things and execute such 
documents and certificates as the Board may determine by resolution to be 
necessary to carry out and comply with the provisions hereof 



140 ORDINANCES Ord. No. 55 

Sec. 8. And be it further ordained, That any and all necessary financing 
statements required for the consummation of the transactions authorized by this 
Ordinance may be executed on behalf of the City by the Mayor of the City or by 
the Chief, Bureau of Treasury Management of the City or by such other ap- 
propriate official of the City as may be designated by the Mayor of the City to ex- 
ecute such financing statements. 

Sec. 9. And be it further ordained, That the authority to issue the Bonds is in- 
tended and shall be deemed to include the authority to issue bond anticipation 
notes pursuant to Section 12 of Article 31 of the Annotated Code of Maryland 
(1976 Replacement Volume and 1983 Cumulative Supplement), as amended (the 
"Bond Anticipation Note Enabling Legislation"). Reference in this Ordinance to 
the "Bonds" shall include such bond anticipation notes where appropriate. Prior 
to the issuance, sale and delivery of any series of bond anticipation notes, the 
Board shall adopt a resolution or resolutions, to: 

(a) prescribe, among other things but not limited to, the amount, form, terms, 
provisions, nmnner or method of issuing and selling (including negotiated as well 
as competitive bid sale), and the time or times of issuance, and any and all other 
details of such bond anticipation notes and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of the security 
described in Section 5 of this Ordinance, pursuant to a trust agreement or similar 
agreement, (ii) the form of any such trust agreement or similar agreement, as 
provided in the Enabling Law, and (iii) such provisions in any such trust agree- 
ment or similar agreement as the Board may deem reasonable and proper for the 
security of the holders of such bond anticipation notes; 

(c) approve the terms and conditions, including but not limited to the terms and 
conditions of any documents to be executed and delivered by the City (other than 
customary financing statements and closing certificates), under which the pro- 
ceeds of such bond anticipation notes will be made available to the Borrower to 
finance the costs of the completion of the Project; and 

(d) do any and all things necessary, proper or expedient in connection with the 
issuance, sale and delivery of such bond anticipation notes. 

In accordance with the Bond Anticipation Note Enabling Legislation, the City 
hereby covenants to pay any bond anticipation notes issued pursuant to this Sec- 
tion of this Ordinance and the interest thereon from the proceeds of the Bonds in 
anticipation of the sale of which such notes are issued, and the City hereby fur- 
ther covenants to issue such Bonds, as the case may be, when, and as soon as, the 
reason for deferring the issuance of the Bonds no longer exists. The timely is- 
suance of such Bonds, however, is dependent upon matters not within the control 
of the City, including (without limitation) the existence of a purchaser or pur- 
chasers for such Bonds at the time the reason for deferring the issuance of the 
Bonds no longer exists and the effectiveness of various actions taken by the Bor- 
rower, its partners, agents and employees. 

Sec. 10. And be it further ordained, That the provisions of this Ordinance are 
severable, and if any provision, sentence, clause, section or part hereof is held il- 
legal, invalid or unconstitutional or inapplicable to any person or circumstances, 



ORDINANCES 141 

such illegality, invalidity or unconstitutionality, or inapplicability shall not affect 
or impair any of the remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included herein, and if the person or circumstances to 
which this Ordinance or any part hereof are inapplicable had been specifically ex- 
empted herefrom. 

Sec. 11. And be it further ordained, That either the Bonds or bond anticipation 
notes issued pursuant to Section 9 of this Ordinance in anticipation of the is- 
suance of the Bonds must be issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the City; provided, however, 
that the Board, after a showing of good cause at a public hearing held before the 
Board prior to or after the expiration of such sue month period, may extend the 
period during which either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed six months from the date on 
which the first six month period expired. The Board, in its sole discretion, and 
without action by the City Council, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested extension of the six month 
period. If an extension is granted, notice of such extension and the reasons 
therefor must be sent to the City Council. To the extent that neither the Bonds 
nor such bond anticipation notes are issued and sold within twelve months from 
the date on which this Ordinance is approved by the Mayor of the City, the 
authority provided in this Ordinance for the City to issue and sell the Bonds and 
such bond anticipation notes shall expire. 

Sec. \2.Andbe it further ordained, That this Ordinance shall take effect from 
the date of its passage. 



Approved May 2, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 56 
(Council No. 159) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS 
B. GREEN & CO., INC. 

FOR the purpose of authorizing and empowering the Mayor and City Council of 
Baltimore (the "City") to issue, sell and deliver, at any time or from time to 
time and in one or more series, its industrial development revenue bonds, as 
limited obligations of the City and not upon its full faith and credit, to be 
designated "Baltimore City, Maryland Industrial Development Revenue 
Bonds (B. Green & Co., Inc. Project)," in the aggregate principal amount not to 



142 ORDINANCES Ord. No. 56 

exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) pursuant 
to the provisions of Sub-Section (50) of Article II of the Charter of Baltimore 
City (1964 Revision), as amended, for the sole and exclusive purpose of financ- 
ing a portion of the costs, charges, fees and expenses of the acquisition of a 
parcel of real property known as 410 Russell Street in Baltimore City, 
Maryland and the improvements located thereon, the property to be used as 
its principal place of business in Baltimore City; authorizing the Mayor of the 
City to accept, on behalf of the City, the letter of intent of B. Green & Co., Inc. 
to the City dated February 13, 1984; making certain legislative findings; 
RESERVING IN THE CITY CERTAIN RIGHTS CONCERNING THE IS- 
SUANCE OF SUCH BONDS; authorizing and empowering the Board of 
Finance of the City, prior to the issuance, sale and delivery of such bonds, to 
adopt a resolution pursuant to which the Board of Finance (a) SHALL AP- 
PROVE THE ISSUANCE OF SUCH BONDS, (B) shall prescribe, among 
other things, but not limited to, the form, terms, provisions, manner or 
method of issuing and selling, and the time or times of issuance, and any and 
all other details of such bonds, and (b) (C) do any and all things necessary, 
proper or expedient in connection with the issuance and sale of such bonds; 
authorizing the private (negotiated) sale of such bonds; and generally pro- 
viding for determining various matters and details in connection with the 
authorization, issuance, security, sale and payment of such bonds. 

RECITALS 

Sub-Section (50) of Article II of the Charter of Baltimore City (1964 Revision, 
as amended) (the "Enabling Law"), empowers the Mayor and City Council of 
Baltimore (the "City") to issue revenue bonds and to use the proceeds of the sale 
of such revenue bonds to finance undertakings for the'accomplishment of any of 
the purposes, objects and powers of the City. Some of the general objectives of 
the City, contemplated by the Enabling Law, include (a) the relief of conditions of 
unemployment in Baltimore City, (b) promoting the health, welfare and safety of 
the residents of Baltimore City, and (c) promoting commercial and economic 
development in Baltimore City. 

The City has received a letter of intent dated February 13, 1984 (the "Letter of 
Intent") from B. Green & Co., Inc., a Maryland corporation (the "Borrower"), 
pursuant to which the Borrower has requested the City to participate in the 
financing of the acquisition of a parcel of real property known as 410 Russell 
Street in Baltimore City and the improvements located thereon (the "Project"), 
by the issuance and sale by the City of its industrial development revenue bonds 
in the aggregate principal amount not to exceed Two Million Five Hundred Thou- 
sand Dollars ($2,500,000.00) and by loaning the proceeds of the revenue bonds to 
the Borrower, upon the terms and conditions of a loan agreement to be entered 
into between the City and the Borrower (the "Loan Agreement"), as permitted 
by the Enabling Law (such loan being referred to as the "Loan"). 

The Project will consist generally of the acquisition of a parcel of real property 
and the improvements thereon known as 410 Russell Street in Baltimore City 
(the "Property'). Specifically, the proceeds of the revenue bonds will be used to 
finance a portion of the costs of (a) acquiring the Property and (b) paying the 



ORDINANCES 143 

costs of issuance of the revenue bonds, including the expense of engraving and 
printing the revenue bonds, the official statement and other legal documents 
related thereto, advertising, legal and accounting fees and all other incidental ex- 
penses connected therewith. 

The Loan Agreement will require the Borrower (a) to use the proceeds of the 
revenue bonds solely to finance the Project, and (b) to make Loan Payments 
which will be sufficient to enable the City to pay the principal of and interest and 
premium, if any, on the revenue bonds when and as the same shall become due 
and payable. 

As security for the revenue bonds, the City will enter into an Assignment and 
Security Agreement (the "Assignment") with the original purchaser of the Bonds 
(the "Original Purchaser"). Pursuant to the Assignment, the City will assign to 
the Original Purchaser, its successors and assigns (among other things), (a) all of 
the City's rights, title and interest in and to any remedies under the Loan Agree- 
ment, including (without limitation) any and all collateral referred to therein, ex- 
cepting only the right of the City to indemnification by the Borrower and to 
payments to the City for expenses incurred by the City itself, (b) the receipts and 
revenues of the City from the Loan, (c) all right, title and interest in and to and 
remedies with respect to any and all other property of every description and 
nature from time to time by delivery or by writing of any kind conveyed, 
pledged, assigned or transferred, as and for additional security for the revenue 
bonds, by the City or by anyone on its behalf or with its written consent, to the 
Original Purchaser, its successors and assigns, and (d) all of the City's right, title 
and interest in and to and remedies under such other documents, including 
(without limitation) mortgages, deeds of trust, guaranties and security in- 
struments, as the Board of Finance shall deem necessary to effectuate the is- 
suance, sale and delivery of any of the Bonds. 

The Bonds will be sold at a private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW: 

Section. 1. Be it ordained by the Mayor and City Council of Baltimore, That 
acting pursuant to the Enabling Law, it is hereby found and determined as 
follows: 

(1) The issuance and sale of the revenue bonds by the City pursuant to the 
Enabling Law in order to lend the proceeds thereof to the Borrower for the sole 
and exclusive purpose of financing a portion of the costs of the Project will 
facilitate, enable and expedite the construction of the Project by the Borrower. 

(2) The construction of the Project by the Borrower and the financing thereof 
as provided in this Ordinance will serve to promote the general purposes 
contemplated by the Enabling Law by (a) sustaining and increasing jobs and 
employment in Baltimore City, thus relieving conditions of unemployment in 
Baltimore City; (b) promoting the health, welfare and safety of the residents of 
Baltimore City; and (c) promoting commercial and economic development in 
Baltimore City. 

(3) Neither the revenue bonds nor the interest or premium, if any, thereon shall 
ever be general obligations of the City or constitute a pledge of or involve the 



144 ORDINANCES Ord. No. 56 

faith and credit or the taxing powers of the City, and neither shall constitute a 
debt of the City within the meaning of Section 7 of Article XI of the Constitution 
of Maryland or within the meaning of any other constitutional or charter provi- 
sion or statutory limitation, and neither shall ever constitute or give rise to any 
pecuniary liability of the City. The revenue bonds and the interest thereon shall 
be limited obligations of the City, repayable by the City solely from the revenue 
derived from Loan repayments (both principal and interest) made to the City by 
the Borrower on account of the Loan and from any other moneys made available 
to the City for such purpose. The proceeds of the revenue bonds will be paid 
directly to the Borrower. Payments of the principal of and premium (if any) and 
interest on the Loan will be paid by the Borrower to the Original Purchaser, its 
successors and assigns, as provided in the Assignment to be approved by the 
Board of Finance in the Resolution. No such moneys will be commingled with the 
City's funds or will be subject to the absolute control of the City, but will be sub- 
ject only to such limited supervision and checks as are deemed necessary or 
desirable by the City to insure that the proceeds of the revenue bonds are used to 
accomplish the public purposes of the Enabling Law and this Ordinance. The 
transaction authorized hereunder shall in no event constitute a capital project 
within the meaning of any charter or statutory provision. The public purposes ex- 
pressed in the Enabling Law are to be achieved by facilitating, enabling and ex- 
pediting the construction of the Project by the Borrower. 

(4) The City will acquire no interest in the Project other than (a) any general in- 
terest in the Borrower's property shared by all holders of the Borrower's obliga- 
tions which rank and are secured equally with the Borrower's obligations 
pursuant to the Loan Agreement, (b) any lien and security interest created by the 
Loan Agreement, and (c) any interest created by any other mortgage or deed of 
trust or other security instrument executed and delivered by the Borrower or 
any third party as security for the Loan or the revenue bonds as the Board of 
Finance may provide for and approve in the Resolution. The security for the 
revenue bonds shall be solely and exclusively (a) the absolute, irrevocable and un- 
conditional obligation of the Borrower to make the payments required by the 
Loan Agreement, (b) moneys realized from the liquidation of any lien and securi- 
ty interest created by the Loan Agreement and of any other lien or security in- 
terest created with respect to any property as security for the Loan or the 
revenue bonds, as the Board of Finance may provide for and approve in the 
Resolution, and (c) moneys realized from any guaranty of the revenue bonds or of 
the Loan as the Board of Finance may provide for and approve in the Resolution. 

(5) The Borrower shall covenant and agree in the Loan Agreement to properly 
operate and maintain the Project during the time any of the revenue bonds are 
outstanding. Such covenant and agreement shall include a specific undertaking 
by the Borrower to make all replacements and repairs necessary to insure that 
the security for the revenue bonds shall not be impaired. 

(6) The best interests of the City will be served by selling the revenue bonds at 
private (negotiated) sale, as authorized by the Enabling Law, upon terms and 
conditions approved by the Board of Finance in the Resolution. 

Sec. 2. And be it further ordained, That the City is hereby authorized and em- 
powered to issue, sell and deliver, as limited obligations of the City and not upon 



ORDINANCES 145 

its full faith and credit, its Baltimore City, Maryland Industrial Development 
Revenue Bonds (B. Green & Co., Inc. Project), in the aggregate principal amount 
not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) (the 
"Bonds"), subject to the provisions of this Ordinance. The proceeds of the Bonds 
will be loaned to the Borrower pursuant to the terms and provisions of the Loan 
Agreement, to be used by the Borrower for the sole and exclusive purpose of 
financing a portion of the costs of the Project. The Bonds and the interest 
thereon shall be limited obligations of the City, repayable by the City solely from 
the revenue derived from Loan repayments (both principal and interest) made to 
the City by the Borrower pursuant to the Loan Agreement and from any other 
moneys made available to the City for such purpose. The security for the Bonds 
shall be solely and exclusively as provided in Section 1 of this Ordinance. 

Sec. 3. And he it further ordained. That this Ordinance constitutes the binding 
commitment of the City to issue the Bonds, and the Mayor of the City is hereby 
authorized to accept the Letter of Intent on behalf of the City in order to further 
evidence the binding commitment of the City to issue the Bonds in accordance 
with the terms and provisions of this Ordinance. THE CITY INTENDS THAT 
THE ENACTMENT OF THIS 0RDINAN(:E SHALL BE AND CONSTITUTE 
"OFFICIAL ACTION" WITHIN THE MEANING OF SECTION 1.103-8(AX5) 
OF THE INCOME TAX REGULATIONS PRESCRIBED BY THE UNITED 
STATES DEPARTMENT OF TREASURY PURSUANT TO SECTION 103 OF 
THE INTERNAL REVENUE CODE OF 1954, AS AMENDED. THE CITY 
AND THE BORROWER CONTEMPLATE THAT, UPON THE EFFECTIVE- 
NESS OF THIS ORDINANCE, THE BORROWER MAY COMMENCE THE 
ACQUISITION OF THE PROJECT PRIOR TO THE ISSUANCE, SALE AND 
DELIVERY OF THE BONDS; PROVIDED, HOWEVER THAT IF THE BOR- 
ROWER pr(x:eeds with the acquisition of the project prior 

TO THE ADOPTION OF A RESOLUTION BY THE BOARD, AS DESCRIBED 
IN SECTION 5(A) BELOW. THE BORROWER DOES SO AT ITS OWN RISK. 

SEC. 4. AND BE IT FURTHER ORDAINED, THAT THE CITY RE- 
SERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO 
TAKE ANY ACTIONS DEEMED NECESSARY BY THE CITY IN ORDER 
TO INSURE THAT THE CITY (A) COMPLIES WITH PRESENT FEDERAL 
AND STATE LAWS AND ANY PENDING OR FUTURE FEDERAL OR 
STATE LEGISLATION, WHETHER PROPOSED OR ENACTED, WHICH 
MAY RESTRICT THE ISSUANCE OF INDUSTRIAL DEVELOPMENT 
BONDS. AND (B) ISSUES ITS BONDS (WITHIN THE MEANING OF THE 
ENABLING LAW AND ANY PRESENT OR FUTURE STATE AND LOCAL 
LAWS). WITHIN THE LIMITS IMPOSED BY ANY SUCH PRESENT LAWS 
OR ANY SUCH PENDING OR FUTURE LEGISLATION OR ANY FUTURE 
LOCAL LAWS. TO FINANCE THOSE FACILITIES WHICH THE CITY 
DETERMINES. IN ITS SOLE AND ABSOLUTE DISCRETION. WILL PRO- 
VIDE THE GREATEST BENEFIT TO THE CITY. 

PURSUANT TO THE PROVISIONS OF THIS SECTION 4. THE CITY 
RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, 
TO, AMONG OTHER THINGS, (1) NEVER ISSUE THE BONDS, (2) ISSUE 



146 ORDINANCES Ord. No. 56 

ONLY A PORTION OF THE AGGREGATE PRINCIPAL AMOUNT OF THE 
BONDS REQUESTED BY THE BORROWER, (3) RESTRICT THE USE OF 
THE PROCEEDS OF THE BONDS, (4) DELAY INDEFINITELY THE IS- 
SUANCE OF THE BONDS, OR (5) TAKE ANY OTHER ACTIONS DEEMED 
NECESSARY BY THE CITY, IN ITS SOLE AND ABSOLUTE DISCRETION, 
IN ORDER TO INSURE THAT THE CITY ACHIEVES THE GOALS SET 
FORTH IN THE PRECEDING PARAGRAPH. 

IN ADDITION, IN THE EVENT THAT ANY PRESENT LAW OR ANY 
PENDING OR FUTURE LEGISLATION LIMITS OR WOULD LIMIT (BY A 
VOLUME CAP OR OTHERWISE) THE CITY'S ABILITY TO ISSUE BONDS 
OR OTHER OBLIGATIONS, THE INTEREST PAYABLE ON WHICH IS TO 
BE EXEMPT FROM FEDERAL INCOME TAXATION, THE CITY 
RESERVES THE RIGHT TO CHOOSE TO ISSUE ITS BONDS (WITHIN THE 
MEANING OF THE ENABLING LAW AND ANY PRESENT OR FUTURE 
STATE AND LOCAL LAWS) FOR PROJECTS OTHER THAN THE PROJ- 
ECT. IN SUCH ORDER OF PRIORITY AS IT MAY DETERMINE IN ITS 
SOLE AND ABSOLUTE DISCRETION. 

Sec. 4 5. And be it further ordained, That each of the Bonds shall bear the 
descriptive title "Baltimore City, Maryland Industrial Development Revenue 
Bonds (B. Green & Co., Inc. Project)", provided, that the descriptive title may 
contain such other descriptive information as the Board of Finance may 
prescribe in the Resolution (e.g. "1984 Series"). The Bonds shall bear interest at 
the rate or rates of interest to be determined by negotiation with the Original 
Purchaser of the Bonds and to be approved and prescribed by the Board of 
Finance in the Resolution. 

Sec. h 6. And be it further ordained. That the definitive Bonds, which may be 
engraved, printed or typewritten, shall be in such form, not inconsistent with the 
Enabling Law and the provisions of this Ordinance, as the Board of Finance may 
apj^rove in the Resolution. 

Sec. %1. And be it further ordained, That the Bonds shall be executed in the 
name of the City and on its behalf by the Mayor of the City, by his manual or fac- 
simile signature, and by the Director of Finance of the City, by his manual or fac- 
simile signature, and the corporate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested by the Custodian or the 
Alternate Custodian of the City Seal, by his manual signature. The Loan Agree- 
ment, the Assignment and, where applicable, all other documents as the Board of 
Finance shall deem necessary to effectuate the issuance, sale and delivery of the 
Bonds, shall be executed in the name of the City and on its behalf by the Mayor of 
the City by his manual signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and attested by the 
Custodian or the Alternate Custodian of the City Seal by his manual signature. 
In case any officer whose signature or a facsimile of whose signature shall appear 
on the Bonds or any of the aforesaid documents shall cease to be such officer 
before the delivery of the Bonds or any of the other aforesaid documents, such 
signature or such facsimile shall nevertheless be valid and sufficient for all pur- 



ORDINANCES 147 

poses, the same as if such officer had remained in office until delivery. The Mayor 
of the City, the Director of Finance of the City, the Custodian or the Alternate 
Custodian of the City Seal and other officials of the City are hereby authorized 
and empowered to do all such acts and things and execute such documents and 
certificates as the Board of Finance may determine in the Resolution to be 
necessary to carry out and comply with the provisions hereof 

Sec. ? 8. And be it further ordained. That the Bonds shall be executed, issued 
and delivered at any time or from time to time in one or more series and in such 
amount or amounts not exceeding, in the aggregate, the principal amount of Two 
Million Five Hundred Thousand Dollars ($2,500,000.00), as the Board of Finance 
shall prescribe in the Resolution. 

Sec. ^9. And be it further ordained, That the Bonds shall be dated, shall be in 
such denominations, shall be of such form and tenor, and shall be payable in such 
amounts at such times not exceeding twenty (20) years from the first day of the 
first month immediately following the date thereof and at such place or places as 
the Board of Finance shall prescribe in the Resolution. 

Sec. 9 10. And be it further ordained, That the Bonds may be subject to 
redemption prior to their stated maturities upon such other terms and conditions 
as the Board of Finance shall prescribe in the Resolution. 

Sec. fO 11. And be it further ordained, That prior to the issuance, sale and 
delivery of the Bonds, the Board of Finance shall adopt the Resolution pursuant 
to which the Board of Finance shall: 

(A) APPROVE THE ISSUANCE OF THE BONDS; 

(a) (B) prescribe the form, tenor, terms, provisions and conditions of and secur- 
ity for the Bonds; 

ih) (C) prescribe the actual amounts, rates of interest, denominations, date, ac- 
tual maturity or maturities (within the limits herein prescribed), and the place or 
places of payment of the Bonds, and the terms and conditions and details under 
which the Bonds may be called for redemption prior to their stated maturities; 

(t^(D) approve the form and contents, and authorize the execution and delivery 
(where applicable) of (i) the Loan Agreement, (ii) the Assignment, and (iii) such 
other documents, including (without limitation) mortgages, deeds of trust, 
guaranties and security instruments as the Board of Finance shall deem 
necessary to approve in order to effectuate the issuance, sale and delivery of the 
Bonds; 

(^ (E) determine the time of execution, issuance, sale and delivery of the 
Bonds and prescribe any and all other details of the Bonds; 

(e) (F) provide for the direct payment by the Borrower of all costs, fees and ex- 
penses incurred by or on behalf of the City in connection with the issuance, sale 
and delivery of the Bonds, including (without limitation) costs or printing (if any) 
and issuing the bonds, legal expenses and compensation to any person (other 
than full time employees of the City) performing services by or on behalf of the 
City in connection therewith; and 



148 ORDINANCES Ord. No. 56 

if) (G) do any and all things, and authorize the officials of the City to do any and 
all things, necessary, proper or expedient in connection with the issuance, sale 
and delivery of the Bonds. 

Sec. H 12. And be it further ordained, That the Loan Agreement and the 
Assignment shall contain such terms, provisions and conditions, not inconsistent 
with the Enabling Law and the provisions of this Ordinance, as the Board of 
Finance shall approve in the Resolution. 

Sec. 12 13. And be it further ordained, That, as authorized by the Enabling 
law, the Bonds shall be sold at private (negotiated) sale upon terms and condi- 
tions and shall be approved by the Board of Finance in the Resolution. 

Sec. iS 14. And be it further ordained. That neither the Bonds nor the interest 
or premium, if any, thereon shall ever be general obligations of the City or con- 
stitute a pledge or involve the faith and credit or the taxing powers of the City, 
and neither shall constitute a debt of the City within the meaning of Section 7 of 
Article XI of the Maryland Constitution or any other constitutional or charter 
provision or statutory limitation, and neither shall ever constitute or give rise to 
any pecuniary liability on the part of the City. The Bonds, and the interest and 
premium, if any, thereon, shall be limited obligations of the City, the principal of 
and interest and premium (if any) on which Bonds shall be payable by the City 
solely from the revenue derived from Loan repayments (both principal and in- 
terest) made to the City by the Borrower on account of the Loan and, to the ex- 
tent provided by the Board of Finance in the Resolution, from the proceeds of the 
Blonds, and from any other moneys made available to the City for such purpose. 
The proceeds of the Bonds will be paid directly to the Borrower. The payments to 
be made by the Borrower pursuant to the Loan Agreement will be paid directly 
to the Original Purchaser, its successors or assigns as provided in the Assign- 
ment to be approved by the Board of P^inance in the Resolution. No such moneys 
will be commingled with the City's funds or will be subject to the absolute control 
of the City, but will be subject only to such limited supervision and checks as are 
deemed necessary or desirable by the City to insure that the proceeds of the 
Bonds are used to accomplish the public purposes of the Enabling Law and this 
Ordinance. 

Sec. i4 15. And be it further ordained. That in consideration of the purchase 
and acceptance of the Bonds by those who shall hold the Bonds from time to time, 
the City does hereby, and by the execution and delivery of the Assignment to be 
approved by the Board of Finance shall, set aside and pledge the income and 
revenue under the Loan Agreement (other than payments to the City for indem- 
nification or to reimburse the City for expense incurred by the City itself) to the 
Original Purchaser, its successors and assigns, to be used and applied for the pay- 
ment of the principal or and interest on the Bonds. Pursuant to the terms of the 
Loan Agreement, to be approved by the Board of Finance in the Resolution, 
payments sufficient for the prompt payment when due of the principal of, 
premium, if any, and interest on the Bonds to be paid by the Borrower to the 
Original Purchaser, its successors and assigns, for the account of the City and 
such payments shall be assigned by the City to the Original Purchaser, its suc- 
cessors and assigns, as provided in the Assignment. 



ORDINANCES 149 

Sec. ^ \6. Ajid be it further ordained, That pursuant to the Enabling Law, the 
Bonds and their transfer, and the principal and interest payable thereon (in- 
cluding any profit made in the sale thereof) shall be and remain exempt from any 
and all state, county and municipal taxation in the State of Maryland. 

Sec. i€ 17. And be it further ordained. That the Board of Finance is hereby 
authorized and empowered to adopt resolutions from time to time to supplement 
the Resolution and to approve by such resolutions, supplements or amendments 
to or substitutes for the Bonds, the Assignment, the Loan Agreement and the 
other documents to be approved by the Board of Finance in the Resolution, pro- 
vided that each such supplemental resolution and each such supplement, amend- 
ment or substitute shall be in accord with the provisions of the Enabling Law and 
this Ordinance. Such supplements, amendments and substitutes nmy include, 
without limitation, an alteration in the rate or rates of interest payable on the 
bonds and the loan, an adjustment in the terms of payment of the Bonds, and the 
Loan and, within the limits authorized by this Ordinance, the issuance of one or 
more additional series of bonds. (If the supplemental resolutions provides for the 
issuance of an additional series of bonds, it shall be deemed to be part of the 
Resolution for the purposes of this Ordinance to the extent applicable.) All such 
supplements, amendments and substitutes and all documents necessary to effec- 
tuate such supplements, amendments and substitutions shall be executed in the 
name of the City and on its behalf by the Mayor of the City by his manual 
signature, and the corporate seal of the City or a facsimile thereof shall be im- 
pressed or otherwise reproduced thereon and attested by the Custodian or the 
Alternate Custodian of the City Seal by his manual signature. In case any officer 
whose signature or a facsimile of whose signature shall appear on any of such 
amendments, substitutes or other documents shall cease to be such officer before 
the delivery thereof, such signature, or such facsimile shall nevertheless be valid 
and sufficient for all purposes, the same as if such officer had remained in office 
until delivery. The Mayor of the City, the Director of Finance of the City, the 
Custodian or the Alternate Custodian of the City Seal and other officials of the 
City are hereby authorized and empowered to do all such acts and things and ex- 
ecute such documents and certificates as the Board of Finance may determine in 
any such supplemental resolution to be necessary to carry out and comply with 
the provisions hereof 

Sec. i? 18. And be it further ordained. That the provisions of this Ordinance 
are severable, and if any provision, sentence, clause, section or part hereof is 
held illegal, invalid or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutionality, or inapplicability 
shall not affect or impair any of the remaning provisions, sentences, clauses, sec- 
tions, or parts of this Ordinance or their application to other persons or cir- 
cumstances. It is hereby declared to be the legislative intent that this Ordinance 
would have been passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included herein, and if the person 
or circumstances to which this Ordinance or any part hereof are inapplicable had 
been specifically exempted herefrom. 

Sec. ifi 19. And be it further ordained. That, if the Bonds are not issued and 
sold within six months from the date on which this Ordinance is approved by the 



150 ORDINANCES Ord. No. 57 

Mayor of the City, the authorization provided in this Ordinance for the City to 
issue and sell the Bonds shall expire; provided, however, that the Board of 
Finance may, after a showing of good cause at a public hearing held before the 
Board of Finance, extend such authorization for one additional term not to ex- 
ceed six months. The Board of Finance, in its sole discretion, shall determine the 
sufficiency, or lack thereof, of the reasons presented for any requested exten- 
sions of this Ordinance. If an extension is granted, notice of such extension and 
the reasons therefor must be sent to the City Council. To the extent that the 
Bonds are not issued and sold within twelve (12) months from the date on which 
this Ordinance is approved by the Mayor of the City, the authority provided in 
this Ordinance for the City to issue and sell the Bonds shall expire. 

Sec. 1^ 20. And be it further ordained, That this Ordinance shall take effect 
from the date of its passage. 

Approved May 2, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



No. 57 
(Council No. 160) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS - 

MUTUAL HOUSING ASSOCIATION OF BALTIMORE, INC. 

(ALAMEDA PLACE) 

FOR the purpose of authorizing and providing for the issuance, sale and delivery 
by Mayor and City Council of Baltimore (the "Cit/') of its revenue bonds in an 
aggregate principal amount not to exceed $2,000,000 pursuant to the provi- 
sions of the Maryland Economic Development Revenue Bond Act, or such 
other statutory authority as may be effective when the bonds are issued, in 
order to lend or otherwise make available the proceeds thereof to the Mutual 
Housing Association of Baltimore, Inc., a Maryland private non-profit 
organization, for the purpose of financing and refinancing the acquisition of 
certain property located at The Alameda and Coldspring Lane and the con- 
struction on that property of approximately 90 units of mutual housing; 
authorizing the acceptance of a letter of intent as evidence of the present in- 
tent of the City to issue such revenue bonds; making certain legislative find- 
ings, among others, concerning the public benefit and purpose of such revenue 
bonds; providing that the principal amount of such revenue bonds and the in- 
terest thereon (a) shall be payable solely from the revenues to be received in 
connection with the financing of such facilities and from any other money 
made available to the City for such purpose as provided in this Ordinance and 
(b) shall never constitute an indebtedness or a charge against the full faith and 
credit or taxing powers of the City within the meaning of any constitutional or 
charter provision or statutory limitation and shall never constitute or give rise 
to any pecuniary liability of the City; authorizing the Board of Finance, by 



ORDINANCES 151 

resolution, order or otherwise, to specify, prescribe, determine, provide for 
and approve all other matters, details, forms, documents and procedures per- 
taining to the authorization, sale, security, issuance, delivery and payment of 
and for such revenue bonds; and generally providing for and determining 
various matters in connection with the authorization, issuance, sale, delivery, 
security and payment of such revenue bonds and the consummation of the 
transactions contemplated by this Ordinance. 

RECITALS 

The Maryland Economic Development Revenue Bond Act, Sections 266A 
through 266-1 of Article 41 of the Annotated Code of Maryland (1982 Replace- 
ment Volume), as amended, (the "Act"), empowers the counties and 
municipalities of the State of Maryland to borrow money by issuing revenue 
bonds for the purpose of financing the cost of acquiring, constructing, 
reconstructing, extending, improving, rehabilitating or remodeling any "facility" 
or "facilities" (defined in the Act). The declared legislative purposes of the Act 
are to relieve conditions of unemployment in the State of Maryland (the "State"); 
to encourage the increase of industry and commerce and a balanced economy in 
the State; to assist in the retention of existing industry and commerce and in the 
attraction of new industry and commerce in the State through, among other 
things, port development and the control, reduction, or abatement of pollution of 
the environment and the utilization and disposal of wastes; to promote economic 
development; to protect natural resources and encourage resource recovery and 
generally to promote the health, welfare and safety of the residents of each of the 
counties and municipalities of the State. 

On December 5, 1983, the City Council adopted a Resolution (Bill No. 1792) 
(the "Resolution") as official action of the City, indicating the City's intent to sell 
revenue bonds not to exceed $2,000,000 in principal amount, the proceeds of 
which were to be loaned to Mutual Housing Association of Baltimore, Inc., a 
Maryland private, non-profit organization (the "Borrower") for the acquisition, 
development, and equipping of certain property located at The Alameda and 
Coldspring Lane in the City of Baltimore with approximately 90 mutual housing 
units (the "Facilities"). The Resolution further provided that it did not constitute 
final authority for the issuance, sale, and delivery of the bonds contemplated by 
the Resolution since a proper ordinance and resolution must be enacted and 
resolved, as the case may be, in accordance with the provisions of applicable law, 
providing for the authorization, issuance, sale and delivery of revenue bonds and 
determining all other matters in connection with the consummation of the trans- 
actions contemplated by the Resolution. 

On February 13, 1984, the "Borrower, submitted a letter of intent (the "Letter 
of Intent") to the City requesting the issuance of revenue bonds in a principal 
amount not exceeding $2,000,000, and the loan of the proceeds of such bonds, 
directly or indirectly, to the Borrower for the purpose of the acquisition, develop- 
ment and equipping of the Facilities, including (1) the acquisition of a tract of 
land upon which the improvements are to be constructed (2) the performance of 
all necessary site work in connection with the development of the property, (3) 
the construction of approximately 90 housing units and development of common 



152 ORDINANCES Ord. No. 57 

spaces and open areas, (4) the acquisition of machinery and equipment and other 
useful improvements necessary or suitable for the operation of residential rental 
property or the operation of the Facilities and (5) the acquisition of such other in- 
terests in land as may be necessary or suitable for the foregoing, including roads 
and rights of access, utilities and other necessary site preparation. The Borrower 
recognizes that such bonds are limited obligations of the City and are not to be 
issued upon the City's faith and credit or taxing powers. The City has determined 
to authorize the issuance of such bonds. 

Section I. Beit ordained by the Mayor and City Council of Baltimore, That, 
acting pursuant to the Act, it is hereby found and determined as follows: 

(a) The City intends to issue and sell its revenue bonds, notes or other 
evidences of obligation authorized by the Act (the "Bonds") in an aggregate prin- 
cipal amount not to exceed $2,000,000 in order to lend or otherwise make 
available the proceeds thereof (the "Loan") to Mutual Housing Association of 
Baltimore, Inc., a Maryland private, non-profit organization (the "Borrower"), 
for the purpose of financing and refinancing the acquisition, development and 
equipping of the Facilities. The Facilities shall include land or interests in land, 
buildings, structures, machinery, equipment, furnishings or other real or per- 
sonal property necessary or desirable in connection with the Borrower's opera- 
tions at the site at The Alameda and Coldspring Lane. The term "acquisition" 
shall have the meaning prescribed in the Act and shall include acquisition, con- 
struction, reconstruction, extension, improving, rehabilitation and remodelling. 

(b) The Facilities constitute a "facility" within the meaning of the Act. The Bor- 
rower constitutes a "facility applicant" within the meaning of the Act, as evi- 
denced by a letter dated February 13, 1984 (the "Letter of Intent"), in which the 
Borrower proposed the contemplated transactions to the City. The Borrower 
constitutes a "facility user" within the meaning of the Act. 

(c) The issuance, sale and delivery of the Bonds will promote and expedite the 
acquisition of the Facilities. The accomplishment of the transactions con- 
templated and authorized by this Ordinance, including (without limitation) the ac- 
quisition of the Facilities and the financing thereof, shall promote the declared 
legislative purposes of the Act by relieving conditions of unemployment in the 
City and the State, encouraging the increase of industry and commerce and a 
balanced economy in the City and the State, assisting in the retention of existing 
industry and commerce and in the attraction of new industry and commerce in 
the City and the State, promoting economic development and generally pro- 
moting the health, welfare and safety of the residents of the City and the State. 

(d) The principal of, premium, if any, and interest on the Bonds shall never con- 
stitute an indebtedness or a charge against the full faith and credit or taxing 
powers of the City within the meaning of any constitutional or charter provision 
or statutory limitation and shall never constitute or give rise to any pecuniary 
liability of the City. The Bonds shall be limited obligations of the City, the prin- 
cipal of, premium, if any, and interest on which shall be payable solely from the 
revenues received in connection with the financing of the Facilities and from any 
other moneys made available to the City for such purpose. 



ORDINANCES 153 

(e) Neither the proceeds of the Bonds nor the payment of the principal of and 
premium, if any, and interest on the Bonds will be commingled with the City's 
funds or will be subject to the absolute control of the City, but will be subject only 
to such limited supervision and checks as are deemed necessary or desirable to 
insure that the proceeds of the Bonds are used to accomplish the public purposes 
of the Act and this Ordinance. 

(f) This Ordinance is in furtherance of the Resolution of the City Council, Bill 
No. 1792, passed December 5, 1983, concerning Industrial Revenue Bonds- 
Mutual Housing Association of Baltimore, Inc. 

Sec. 2. And be it further ordained, That the Mayor is hereby authorized to ac- 
cept, on behalf of the City, the Letter of Intent to evidence the City's intent to 
issue the Bonds as provided in this Ordinance. The City contemplates that the 
Borrower may proceed with the acquisition of the Facilities prior to the issuance 
of the Bonds. 

Sec. 3. And be it further ordained, That the City is hereby authorized to issue, 
sell and deliver the Bonds at any time and from time to time in one or more series 
in an aggregate principal amount not to exceed TWO MILLION DOLLARS 
($2,000,000), in order to lend or otherwise make available the proceeds thereof 
(the "Loan"), to the Borrower for the purpose of financing and refinancing the ac- 
quisition of the Facilities, including (without limitation) the expenses of prepar- 
ing, printing, selling and issuing the Bonds, the funding of any reserves in con- 
nection with the Bonds, the payment of interest with respect to the financing of 
the acquisition of the Facilities by the Bonds for a period to be determined by the 
Board of Finance by resolution, order or otherwise but not to exceed three years 
from the date of issuance of the Bonds, and the payment of other costs permitted 
by the Act. The Bonds may be issued in one or more series. The principal of, 
premium, if any, and interest on the Bonds shall be payable solely from the 
revenues to be received in connection with the financing of the Facilities and 
from any other moneys made available to the City for such purpose all as more 
particularly specified, prescribed and determined by the Board of Finance by 
resolution, order or otherwise. 

The authority to issue the Bonds is intended to and shall include the authority 
to issue revenue refunding bonds. Reference herein to the "Bonds" shall include 
revenue refunding bonds where appropriate. If revenue refunding bonds are 
issued, the outstanding principal amount of any "refunded bonds" (as hereinafter 
defined) shall not be taken into account in determining the aggregate principal 
amount of Bonds issued, sold and delivered hereunder. The term "refunded 
bonds" means any Bonds (i) for the payment of which (both principal and interest) 
provision has been made from the proceeds (including any earnings on the invest- 
ment thereof) of revenue refunding bonds issued pursuant to this Ordinance or 
other sources or (ii) which have been paid from such proceeds, in either case 
whether such provision for payment, or such payment is made at or prior to the 
maturity of such Bonds. 

Sec. 4. And be it further ordained. That the Board of Finance is hereby 
authorized to specify, prescribe, determine, provide for and approve, all within 



154 ORDINANCES Ord. No. 57 

the limitations of this Ordinance and the Act, all matters, details, forms, 
documents and procedures pertaining to the sale, security, issuance, delivery and 
payment of or for the Bonds, including (without limitation): 

(a) the principal amount of Bonds to be issued at any one time and from time to 
time; the rate or rates of interest thereon; the date or dates of maturity thereof 
that are within thirty years of the date of issuance of such series of Bonds (or 
such later date as may be permitted by the terms of the Act in effect on the date 
of issuance of such series of Bonds); payment provisions therefor; prepayment, 
sinking fund and redemption provisions (if any) thereof; the designation or 
designations of the Bonds and of any series thereof and the date or dates of is- 
suance thereof at any one time and from time to time; 

(b) the form, tenor, terms and conditions of the Bonds, and provisions for the 
registration and transfer of the Bonds; 

(c) the form and contents of, and provisions for the execution and delivery of, 
such financing documents as the Board of Finance shall deem necessary or 
desirable to evidence, secure or effectuate the Loan and the issuance, sale and 
delivery of the Bonds, including (without limitation) any loan agreements, notes, 
mortgages, security agreements, guarantees, financing agreements or escrow 
agreements; 

(d) provision for the payment directly by the Borrower of all expenses of 
preparing, printing and selling the Bonds, mcluding (without limitation) any and 
all costs, fees and expenses incurred by or on behalf of the City in connection 
with the authorization, issuance, sale and delivery of the Bonds, and all costs in- 
curred in connection with the development of the appropriate legal documents, 
including the fees of counsel to the City and compensation to any persons (other 
than full-time employees of the City) or entities performing services for or on 
behalf of the City in connection therewith and in connection with all other trans- 
actions contemplated by this Ordinance whether or not the proposed financing is 
consummated. 

(e) the creation of security for the Bonds and provision for the administration 
of the Bonds, including (without limitation) the appointment of such trustees, 
escrow agents, paying agents, registrars or other agents as the Board of Finance 
shall deem necessary or desirable to effectuate the transactions authorized 
hereby; 

(f) the preparation and distribution, in conjunction with representatives of the 
Borrower and the prospective purchasers of or underwriters for the Bonds of 
any series, of both a preliminary and a final official statement, a placement 
memorandum or an offering circular in connection with the sale of the Bonds of 
any series, if such preliminary official statement and final official statement, 
placement memorandum or offering circular are determined to be necessary or 
desirable for the sale of the Bonds of such series; provided, however, that any 
such preliminary official statement, placement memorandum or offering circular 
shall be clearly marked to indicate that it is subject to completion and amend- 
ment; 



ORDINANCES 155 

(g) the form and content of, and provisions for the execution and delivery of, a 
contract or contracts for the purchase and sale of the Bonds of any series (or any 
portion thereof); and 

(h) such other matters in connection with the authorization, issuance, execu- 
tion, sale, delivery and payment of the Bonds, and the security for the Bonds and 
the Loan and the consummation of the transactions contemplated by this Or- 
dinance, as may be deemed appropriate and approved by the Board of Finance, 
including (without limitation) establishing procedures for the execution, acknowl- 
edgement, sealing and delivery of such other and further agreements, documents 
and instruments, and the authorization of the officials of the City to take any and 
all actions, as are or may be necessary or appropriate to consummate the trans- 
actions contemplated by this Ordinance in accordance with the terms hereof. 

The Board of Finance is authorized to prescribe procedures to facilitate the 
prompt determination and approval of one or more of the matters set forth 
above. Such procedures may include telephonic approval and subsequent 
telegraphic or written confirmation of one or more of such matters by a 
designated officer of the City within guidelines or parameters prescribed by the 
Board of Finance. The Board of Finance is further authorized (1) to establish pro- 
cedures for the utilization of variable or floating rates of interest, (2) to enter into 
arrangements with a bank or other appropriate institution to facilitate the pur- 
chase, repurchase, sale, transfer or payment of Bonds, including (without limita- 
tion) the use of general or standby letters of credit, revolving credit facilities, 
repurchase agreements or other similar arrangements, and (3) to take such ac- 
tions as may be necessary to implement a program for the issuance of Bonds in 
the nature of commercial paper, demand notes or floating rate obligations. 

Resolutions adopted and orders issued pursuant to this Ordinance shall be 
deemed to be of an administrative nature and shall be effective upon the effective 
date specified therein. 

Sec. 5. And be it further ordained, That, as permitted by the Act, the Bonds 
are authorized to be sold at private (negotiated) sale and at par, unless the Board 
of Finance deems it to be in the best interests of the City to sell the Bonds at 
public sale or at above or below par, in which event, the Bonds shall be sold in 
such manner, at such price or prices and upon such terms as the Board of Finance 
deems to be in the best interests of the City. The Bonds of each series shall be 
sold at such times and on such dates as the Board of Finance may determine. The 
Bonds shall be sold to one or more persons, firms or corporations (including 
banks or other financial institutions) as determined by the Board of Finance with 
the consent of the Borrower. 

Sec. 6. And be it further ordained, That the Bonds shall be executed by the 
manual or facsimile signature of the Mayor and the manual or facsimile signature 
of the Custodian or Alternate Custodian of the City Seal, and the seal of the City 
shall be affixed thereon. In case any official of the City whose signature or a fac- 
simile of whose signature shall appear on the Bonds or any of the aforesaid 
documents shall cease to be such official before the delivery of the Bonds or any 
of the aforesaid documents, such signature or facsimile shall nevertheless be 



158 ORDINANCES Ord. No. 58 

code or regulation in force in the City of Baltimore, the provision which 
establishes the higher standard shall prevail; and (7) provide for an effective 
date hereof. 

Whereas, an Urban Renewal Plan for Orchard-Biddle was first approved by 
the Mayor and City Council of Baltimore by Ordinance No. 1066, dated May 17, 
1971, and last amended by Ordinance No. 1095, dated December 1, 1983; and 

Whereas, pursuant to Article 13 of the Baltimore City Code (1983 Replace- 
ment Volume), no substantial change or changes shall be made in any renewal 
plan, after approval by ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in sai^ Article 13 for the 
approval of a renewal plan, namely the preparation of such change or changes by 
the Department of Housing and Community Development, the approval of such 
change or changes by the Director of the Department of Planning, and approval 
and adoption by an ordinance of the Mayor and City Council of Baltimore after a 
public hearing in relation thereto, all in the manner set forth in said Article 13; 
and 

Whereas, the Department of Housing and Community Development has 
prepared a list of changes to the Renewal Plan for Orchard-Biddle, identified as 
"Amendment No. 10 to the Urban Renewal Plan for Orchard-Biddle", dated 
February 27, 1984; and 

Whereas, said Amendment No. 10 to the Urban Renewal Plan for Orchard- 
Biddle has been approved by the Director of the Department of Planning with 
respect to its conformity as to the Master Plan, the detailed location of any public 
improvements proposed in the amended Renewal Plan, jts conformity to the 
rules and regulations for subdivisions, and its conformity to existing and pro- 
posed zoning classifications; and said Amendment No. 10 to the Urban Renewal 
Plan has been approved and recommended to the Mayor and City Council of 
Baltimore by the Commissioner of the Department of Housing and Community 
Development; now, therefore. 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
the following amendment and changes to the Urban Renewal Plan for Orchard- 
Biddle, having been duly reviewed and considered, are hereby approved and the 
Clerk of the City Council is hereby directed to file a copy of said Urban Renewal 
Plan, revised to include Amendment No. 10, with the Department of Legislative 
Reference as a permanent public record and to make the same available for 
public inspection and information. 

1. In the Table of Contents, page ii, delete the date "April 4, 1983" opposite Ex- 
hibit 2 -Property Acquisition Map and opposite Exhibit 3 -Land Disposition 
Map, and insert in lieu thereof "February 27, 1984". 

^. In Appendix B, Properties for Acquisition and Disposition for Residential 
Rehabilitation, on page 35, add the following after "602 N. Eutaw Street": 

"606 N. Eutaw Street 
"616-18 N. Eutaw Street" 



ORDINANCES 159 

3. Delete from the Plan, Exhibit 2 - Property Acquisition Map, dated as revised 
"April 4, 1983" and insert in lieu thereof a new Exhibit 2, dated as revised 
"February 27, 1984" in order to show the acquisition of the properties listed in 
Section 2, of this Ordinance. 

4. Delete from the Plan, Exhibit 3 -Land Disposition Map, dated as revised 
"April 4, 1983" and insert in lieu thereof a new Exhibit 3, dated as revised 
"February 27, 1984" in order to show the following changes to existing disposi- 
tion lots or the creation of new Disposition Lots as follows: 

Disposition Lot 56R for Central Commercial use -to be deleted and added 
to newly created Disposition Lot 58B. 

Disposition Lot 58A for Central Business use to be created from the prop- 
erties at 514 through 518 N. Eutaw Street, 513 through 519 Jasper Street, and 
405 through 411 George Street and the alley between 611 and617 Jasper Street. 

Disposition Lot 58B for Central Commercial use to be created from the 
properties at 608 through 614 N. Eutaw Street (includes former Disposition Lot 
56R) and 607 through 617 Jasper Street. 

Disposition Lot 58C for Central Commercial use to be created from the 
properties at 620 W. Eutaw Street and 623 and 625 Jasper Street. 

Disposition Lot 59 for Residential use to be created from the properties at 
624 and 626 Jasper Street. 

Disposition Lot 60 for Residential use to be created from the properties at 
618 and 620 Jasper Street. 

606 and 616-18 N. Eutaw Street to be designated as "Structures to be 
Rehabilitated". 

Sec. 2. And be it further ordained, That it is necessary to acquire, by purchase 
or by condemnation, for urban renewal purposes, the fee simple interest or any 
lesser interest in and to certain properties or portions thereof, together with all 
right, title, interest and estate that the owner or owners of said property interest 
may have in all streets, alleys, ways or lanes, public or private, both abutting the 
whole area described and/or contained within the perimeter of said area, situate 
in Baltimore City, Maryland, and described as follows: 

514 N. Eutaw Street 

516 N. Eutaw Street 

518 N. Eutaw Street 

Billboard located on 518 N. Eutaw Street 

606 N. Eutaw Street 

608 N. Eutaw Street 

612 N. Eutaw Street 

614 N. Eutaw Street 

616/18 N. Eutaw Street 

620 N. Eutaw Street 



160 ORDINANCES Ord. No. 58 

405 George Street 
407 George Street 
409 George Street 
411 George Street 

513 Jasper Street 
515 Jasper Street 
517 Jasper Street 
519 Jasper Street 
607 Jasper Street 
609 Jasper Street 
611 Jasper Street 
613 Jasper Street 
615 Jasper Street 

617 Jasper Street 

618 Jasper Street 
620 Jasper Street 

623 Jasper Street 

624 Jasper Street 

625 Jasper Street 

626 Jasper Street 

Sec. S. And be it further ordained, That the Real Estate Acquisition Division of 
the Department of the Comptroller, or such person or persons and in such man- 
ner as the Board of Estimates, in the exercise of the power vested in it by Article 
V, Section 5, of the Baltimore City Charter, may hereafter from time to time 
designate, is or are authorized to acquire on behalf of the Mayor and City Council 
of Baltimore and for the purposes described in this ordinance, the fee simple in- 
terest or any lesser interest in and to the properties or portions thereof 
hereinabove mentioned. If the said Real Estate Acquisition Division of the 
Department of the Comptroller, or such person or persons, and in such manner 
as the Board of Estimates in the exercise of the power vested in it by Article V, 
Section 5, of the Baltimore City Charter may hereafter from time to time 
designate, is or are unable to agree with the owner or owners on the purchase 
price for said properties or portions thereof, it or they shall forthwith notify the 
City Solicitor of Baltimore City, who shall thereupon institute in the name of the 
Mayor and City Council of Baltimore the necessary legal proceedings to acquire 
by condemnation the fee simple interest or any lesser interest in and to said prop- 
erties or portions thereof. 

Sec. 4. And be it further ordained, That in whatever respect, if any, the 
amended Renewal Plan approved hereby for Orchard-Biddle may not meet the 
requirements as to the content of a Renewal Plan or the procedures for the 
preparation, adoption, and approval of renewal plans, as provided in Article 13 of 
the Baltimore City Code (1983 Replacement Volume), the said requirements are 
hereby waived and the amended Renewal Plan approved hereby is exempted 
therefrom. 

Sec. 5. And be it further ordained, That in the event it be judicially determined 
that any word, phrase, clause, sentence, paragraph, section or part in or of this 



ORDINANCES 161 

ordinance or the application thereof to any person or circumstances is invalid, the 
remaining provisions and the application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining provisions of this or- 
dinance without the word, phrase, clause, sentence, paragraph, section or part or 
the application thereof so held invalid. 

Sec. 6. And be it further ordained, That in any case where a provision of this 
ordinance concerns the same subject matter as an existing provision of any zon- 
ing, building, electrical, plumbing, health, fire or safety ordinance or code or 
regulation, the applicable provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions are found to be in ir- 
reconcilable conflict, the provision which establishes the higher standard for the 
promotion of the public health and safety shall prevail. In any case where a provi- 
sion of this ordinance is found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the City of Baltimore which 
establishes a lower standard for the promotion of the public health and safety, 
the provision of this ordinance shall prevail, and the other existing provision of 
such other ordinance or code or regulation is hereby repealed to the extent that it 
may be found in conflict with this ordinance. 

Sec. 7. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 



Approved May 3, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 59 
(Council No. 41) 



AN ORDINANCE concerning 



MT. ROYAL TERRACE -RESERVOIR HILL HISTORIC DISTRICT 

FOR the purpose of enlarging the area designated as the Mt. Royal Terrace - 
Reservoir Hill Historical and Architectural Preservation District. 

BY repealing and reordaining with amendments 

Article 1- Mayor, City Council and Municipal Agencies 

Subtitle -Commission for Historical and Architectural Preservation 

Section 40(ee) 

Baltimore City Code (1983 Replacement Volume) 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added, 
repealed, or amended, to read as follows: 



162 ORDINANCES Ord. No. 59 

ARTICLE 1 -MAYOR, CITY COUNCIL AND MUNICIPAL AGENCIES 

Commission for Historical and Architectural Preservation 

40. Created, powers, duties. 

[(ee) Mt. Royal Terrace-Reservoir. Hill Historical and Architectural Preser- 
vation District. 

Beginning for the same at the point formed by the intersection of the south 
side of Lennox Street, as now laid out, and the southwest side of Mt. Royal 
Terrace, as now laid out, and running thence binding on the southwest side of 
said Mt. Royal Terrace, Southeasterly 375 feet, more or less, to intersect the 
north side of North Avenue, as now laid out; thence binding on the north side 
of said North Avenue, Westerly 120 feet, more or less, to intersect the north- 
east side of a 16 foot alley, there situate; thence binding on the northeast side 
of said 16 foot alley. Northwesterly 154 feet, more or less, to intersect the 
north side of a 20 foot alley, there situate; thence binding on the north side of a 
20 foot alley. Westerly 60 feet, more or less, to intersect the northeast side of 
another 16 foot alley; thence binding on the northeast side of last said 16 foot 
alley. Northwesterly 115 feet more or less, to intersect the east side of a 15.33 
foot alley, there situate; thence binding on the east side of said 15.33 foot alley, 
Northerly 71 feet, more or less, to intersect the aforesaid south side of Lennox 
Street and thence binding on the south side of said Lennox Street, Easterly 
100 feet, more or less, to the place of beginning.] 

(ee) Mt. Royal Terrace-Reservoir Hill Historical and Architectural Preserva- 
tion District. The parcel of land located within the boundaries set forth in this 
subsection is hereby declared to be within the Mt. Royal Terrace- Reservoir 
Hill Historical and Architectural District: 

Beginning for the same at the point formed by the intersection of the north- 
east face of the southwest concrete curb of Mt. Royal Terrace and the north 
side of North Avenue, varying in width, and running thence binding on the 
north side of said North Avenue, Westerly 325 feet more or less, to intersect 
the northeast side of a 16 foot alley, there situate; thence binding on the north- 
east side of said 16 foot alley, Northwesterly 155 feet, more or less, to in- 
tersect the northeast side of an alley of varying width, there situate; thence 
binding on the northeast side of last said alley, Northwesterly 16 feet, more or 
less, to intersect the north side of a 20 foot alley, there situate; thence binding 
on the north side of last said alley, Westerly 43 feet, more or less, to intersect 
the northeast side of a 16 foot alley there situate; thence binding on the north- 
east side of last said alley. Northwesterly 82 feet, more or less, to intersect the 
line of the north side of a 12 foot alley, there situate if projected easterly; 
thence binding in part reversely on the line of the north side of last said alley, 
so projected, in part on the north side of last said alley, and in all. Westerly 184 
feet, more or less, to intersect the east side of a 10 foot alley, there situate; 
thence binding on the east side of last said alley. Northerly 100 feet, more or 
less, to intersect the south side of Lennox Street, 66 feet wide; thence by a 
straight line crossing said Lennox Street, Northerly 66 feet, more or less, to 
the point formed by the intersection of the north side of said Lennox Street 
and the east side of a 9 foot alley, there situate; thence binding on the east side 



ORDINANCES 163 

of last said alley, Northerly 90 feet, more or less, to intersect one south side of 
a 10 foot alley, there situate; thence binding in part on the south side of last 
said alley, in part on the line of the south side of last said alley, if projected 
easterly, and in all. Easterly 95 feet, more or less, to intersect the east side of 
a 15 foot alley, there situate; thence binding on the east side of last said alley, 
Northerly 144 feet, more or less, to the north outline of the property known as 
No. 2022 Mt. Royal Terrace; thence binding on the north outline of said prop- 
erty. Easterly 58 feet, more or less, to the southernmost extremity of the east 
side of a 10 foot alley laid out in the rear of the properties known as No. 2024 
through and including No. 2028 Mt. Royal Terrace; thence binding on the east 
side of last said alley, Northerly 78 feet, more or less, to intersect the south 
side of Reservoir Street, 66 feet wide; thence by a straight line crossing said 
Reservoir Street Northeasterly 74 feet, more or less, to the point formed by 
the intersection of the north side of said Reservoir Street and the northeast 
side of a 10 foot alley laid out 90 feet southwest of Mt. Royal Terrace, 100 feet 
wide thence binding on the northeast side of last said alley, Northwesterly 1 17 
feet, more or less, to intersect the north side of a 15 foot alley, there situate; 
thence binding on the north side of last said alley. Westerly 42 feet, more or 
less, to intersect the northeast side of another 15 foot alley, there situate; 
thence binding on the northeast side of last said 15 foot alley, Northwesterly 
490 feet, more or less, to intersect the southeast side of Newington Avenue, 66 
feet wide; thence by a straight line crossing said Newington Avenue, North- 
westerly 66 feet, more or less, to the point formed by the intersection of the 
northwest side of said Newington Avenue and the northeast side of a 15 foot 
alley laid out 135 feet southwest of last said Mt. Royal Terrace; thence binding 
on the northeast side of last said alley. Northwesterly 329 feet, more or less, to 
intersect the southeast side of Whitelock Street, 66 feet wide; thence by a 
straight line crossing said Whitelock Street, Northwesterly 66 feet, more or 
less, to the point formed by the intersection of the northwest side of said 
Wliitelock Street and the northeast side of a 15 foot alley laid out 135 feet 
southwest of last said Mt. Royal Terrace; thence binding on the northeast side 
of last said alley Northwesterly 294 feet, more or less, to intersect the east 
side of Park Avenue, 120 feet wide; thence binding on the east side of said 
Park Avenue. Northerly 237 feet, more or less, to intersect the southwest side 
of last said Mt. Royal Terrace; thence binding on the southwest side of last 
said Mt. Royal Terrace crossing said Wliitelock Street, and said Newington 
Avenue the two following courses and distances; namely. Southeasterly 1606 
feet, more or less, and Southerly 32 feet, more or less, to intersect the north 
side of said Reservoir Street; thence by a straight line crossing said Reservoir 
Street, Southeasterly 80 feet, more or less, to the point formed by the in- 
tersection of the south side of said Reservoir Street and the northeast face of 
the southwest concrete curb of Mt. Royal Terrace mentioned firstly herein and 
thence binding on the northeast and east face of the southwest and west con- 
crete curb of Mt. Royal Terrace mentioned firstly herein, crossing said Lennox 
Street, in a generally Southeasterly direction 840 feet, more or less, to the 
place of beginning. 

Sec. 2. And be itfurthtr ordained. That this ordinance shall take effect thirty 
days from the dale of its passage. 

Approved May 14, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



164 ORDINANCES Ord. No. 60 

No. 60 
(Council No. 49) 

AN ORDINANCE concerning 

REZONING-101 E. NORTH AVENUE 

FOR the purpose of changing the zoning for the property known as 101 E. North 
Avenue, from the B-2-3 Zoning District to the B-3-3 Zoning District as out- 
lined in red on the plats accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 46 
Article 30 -Zoning 
Baltimore City Code (1983 Replacement Volume) 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
Sheet No. 46 of the Zoning District Maps of Article 30 of the Baltimore City Code 
(1983 Replacement Volume) title "Zoning" be and it is hereby amended by chang- 
ing from the B-2-3 Zoning District to the B-3-3 Zoning District the property 
known as 101 E. North Avenue, as outlined in red on the plats accompanying this 
ordinance. 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning Commission, the Commis- 
sioner of the Department of Housing and Community Development, the Super- 
visor of Assessments for Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved May 14, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 165 

No. 61 
(Council No. 50) 



AN ORDINANCE concerning 



ZONING -APPROVAL FOR CONDITIONAL USE 
DRIVE-IN RESTAURANT- 101 E. NORTH AVENUE 

FOR the purpose of granting permission for the estabhshment, maintenance and 
operation of a drive-in restaurant on the property known as 101 E. North 
Avenue as outlined in red on the plats accompanying this ordinance. 

BY authority of 
Article 30 -Zoning 
Sections 6.3- Id and 11.0-6d 
Baltimore City Code (1983 Replacement Volume) 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
permission is hereby granted for the establishment, maintenance and operation 
of a drive-in restaurant on the property kno\\Ti as 101 E. North Avenue, as 
outlined in red on the plats accompanying this ordinance, under the provisions of 
Sections 6.3-ld and 11.0-6d of Article 30 of the Baltimore City Code (1983 
Replacement Volume) title "Zoning". 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development, the 
Supervisor of Assessments for Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved May 14, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



166 ORDINANCES Ord. No. 62 

No. 62 
(Council No. 56) 

AN ORDINANCE concerning 

ZONING- APPROVAL FOR CONDITIONAL USE 
HOME FOR ALCOHOLIC PERSONS-2521 MARYLAND AVENUE 

FOR the purpose of granting permission for the establishment, maintenance and 
operation of a non-profit home for the rehabilitation of non-bedridden alcoholic 
persons on the property known as 2521 Maryland Avenue, as outlined in red 
on the plats accompanying this ordinance. 

BY authority of 
Article 30 -Zoning 
Sections 5.Md and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
permission is hereby granted to Quarter- Way Houses, Inc. for the establishment, 
maintenance and operation of a non-profit home for the rehabilitation of non- 
bedridden alcoholic persons on the property known as 2521 Maryland Avenue, as 
outlined in red on the plats accompanying this ordinance, under the provisions of 
Sections 5.1-ld and 11.0-6d of Article 30 of the Baltimore City Code (1976 Edi- 
tion, as amended) title "Zoning". The number of such persons in residence at any 
time shall not exceed eighteen (18) as a combined total for 2521 and 2523 
Maryland Avenue. 

Sec. 2. And be it further ordained, That whenever the continuous operation of 
such use has been discontinued for a period of twelve (12) consecutive months, or 
if Quarter- Way Houses, Inc. shall cease to be the operator for the permitted use, 
the permission granted herein shall expire and it shall not be thereafter re- 
established unless a new ordinance is approved by the Mayor and City Council of 
Baltimore. 

Sec. 3. And be it further ordained. That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development and the 
Zoning Administrator. 

Sec. 4. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved May 14, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 167 

No. 63 
(Council No. 57) 
AN ORDINANCE concerning 

ZONING -APPROVAL FOR CONDITIONAL USE 
PARKING LOT 

FOR the purpose of granting permission for the establishment, maintenance and 
operation of an open off-street parking area on the property located in the rear 
of the 400 Block of N. Denison Street, as outlined in red on the plats accom- 
panying this ordinance. 

BY authority of 
Article 30 -Zoning 
Sections 4.6-ld and n.0-6d 
Baltimore City Code (1983 Replacement Volume) 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
permission is hereby granted for the establishment, maintenance and operation 
of an open off-street parking area on the property located in the rear of the 400 
block of N. Denison Street, as outlined in red on the plats accompanying this or- 
dinance, under the provisions of Sections 4.6-ld and 11.0-6d of Article 30 of the 
Baltimore City Code (1983 Replacement Volume) title "Zoning". 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development and the 
Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved May 14, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



168 ORDINANCES Ord. No. 65 

No. 64 
(Council No. 59) 

AN ORDINANCE concerning 

ZONING -CONDITIONAL USES -INDUSTRIAL DISTRICT 

FOR the purpose of adding Industrial Trade Schools to the list of conditional uses 
in the Ml District 

BY adding 

Article 30 -Zoning 

Section 7.1-lc-6a 

Baltimore City Code (1983 Replacement Vol. of the 1976 Ed., as amended) 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1983 Replacement Vol. of the 1976 Ed., as 
amended) be amended to read as follows: 

ARTICLE 30 -ZONING 
Chapter 7-Industrial Districts 

7.1-lc Conditional Uses 
6a. Industrial Trade Schools 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 



Approved May 14, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 65 
(Council No. 110) 
AN ORDINANCE concerning 

ZONING- APPROVAL FOR CONDITIONAL USE 
DRIVE-IN RESTAURANT- FRANKFORD PLAZA SHOPPING CENTER 

FOR the purpose of granting permission for the establishment, maintenance and 
operation of a drive-in restaurant on the property known as Frankford Plaza 
Shopping Center, as outlined in red on the plats accompanying this ordinance. 

BY authority of 
Article 30 -Zoning 
Sections 6.3-ld and 11.0-6d 
Baltimore City Code (1983 Replacement Volume, as amended) 



ORDINANCES 169 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
permission is hereby granted for the establishment, maintenance and operation 
of a drive-in restaurant on the property known as Frankford Plaza Shopping 
Center as outlined in red on the plats accompanying this ordinance, under the 
provisions of Sections 6.3- Id and 1 1.0-6d of Article 30 of the Baltimore City Code 
(1983 Replacement Volume, as amended) title "Zoning". 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development, the 
Supervisor of Assessments of Baltimore City and the Zoning Administrator. 

Sec. 3. Arid be it further ordained. That this ordinance shall take effect thirty 
days from the date of its passage. 



Approved May 14, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 66 
(Council No. 121) 

AN ORDINANCE concerning 

REZONING- 1714-1736 PARK AVENUE 

FOR the purpose of changing the zoning for the properties known 
as 1714-1736 Park Avenue from the R-8 Zoning District to the R-9 Zoning 
District as outlined in red on the plats accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 45 
Article 30 -Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
Sheet No. 45 of the Zoning District Maps of Article 30 of the Baltimore City Code 
(1983 Replacement Volume, as amended) title "Zoning" be and it is hereby 
amended by changing from the R-8 Zoning District to the R-9 Zoning District the 
properties known as 1714-1736 Park Avenue as outlined in red on the plats ac- 
companying this ordinance. 



170 ORDINANCES Ord. No. 67 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development, the 
Supervisor of Assessments for Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved May 14, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 67 
(Council No. 132) 

AN ORDINANCE concerning 

ISSUANCE OF PARKING REVENUE OBLIGATIONS 

FOR the purpose of increasing the maximum aggregate principal amount of 
Revenue Obligations authorized to be issued by the Mayor and City Council of 
Baltimore pursuant to Ordinance No. 998 (Bill No. 1602) of the Mayor and City 
Council of Baltimore, approved and effective on June 30, 1983, from not ex- 
ceeding Thirty Million Dollars ($30,000,000) to not exceeding Sixty Million 
Dollars ($60,000,000). and providing that th e issuanc e of such Revenue Obliga - 
tions shall hav e priority ov e r th e issuanc e of any oth e r r e v e nue bonds, not e s o r 
oth e r rev e nu e obligations of th e Mayor and City Council of Baltimor e . 

BY repealing and reenacting with amendments Section 1 and amending 
paragraph (A) of Section 3 of Ordinance No. 998 (Bill No. 1602) of the Mayor 
and City Council of Baltimore (approved and effective on June 30, 1983). 

RECITALS 

Ordinance No. 998 (Bill No. 1602) (the "Ordinance") of the Mayor and City 
Council of Baltimore (the "City"), approved by the Mayor of the City and effec- 
tive on June 30, 1983, authorizes the issuance from time to time by the City of its 
Revenue Obligations (as defined in the Ordinance) (the "Revenue Obligations") in 
order to finance Parking Facilities (as defined in the Ordinance) (the "Parking 
Facilities") to be located within the geographical limits of the City. 

Because of certain events that have occurred since the passage of the Or- 
dinance which affect the aggregate principal amount of Revenue Obligations 



ORDINANCES 171 

which may be required to be issued by the City in order to finance Parking 
Facilities, including (without limitation) an increase in the number of Parking 
Facilities which the City may desire to finance with the proceeds of the sale of 
Revenue Obligations, the City wishes to enact this supplemental ordinance to in- 
crease to Sixty Million Dollars ($60,000,000) the aggregate principal amount of 
Revenue Obligations that may be issued under the Ordinance. 

H.R.4170 is pending before the United States House of Representatives. Such 
bill subjects industrial development bonds to an annual per-state ceiling based on 
the aggregate principal amount of industrial development bonds issued within the 
state. H.R.4170 makes provision for issuers within each state to be allocated a por- 
tion of the total principal amount of industrial development bonds which may be 
issued within the limitations of such ceiling, including an issuer such as the City. In 
certain instances, Revenue Obligations of the City may be determined by the City 
to be industrial development bonds. The City, therefore, wishes to indicate its in- 
tention to give the highest priority to the issuance of any Revenue Obligations 
which constitute industrial development bonds under the provisions of H.R.4170, if 
enacted, or any other law providing for a similar ceiling. 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
Section 1 of Ordinance No. 998 (Bill No. 1602) of the Mayor and City Council of 
Baltimore, approved and effective June 30, 1983, be repealed and reenacted with 
amendments to read as follows: 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That, 
acting pursuant to the Enabling Laws, it is hereby found and determined as 
follows: 

(A) There is a need for additional off-street parking in various parts of 
Baltimore City, with a particular need for such facilities in the central business 
district (the "CBD"). 

(B) Land currently and previously used for Parking Facilities is increasingly 
being used for redevelopment, thereby reducing available public parking. 

(C) As redevelopment continues in the CBD, land available for Parking 
Facilities is eliminated and remaining land becomes progressively more valuable. 
In order to maximize the use of remaining land. Parking Facilities must be 
developed as multi-level structures, often in conjunction with adjoining multi-use 
or single-use structures, which facilities are more costly than the open parking 
lots they replace. 

(D) Parking Facilities are difficult to finance on the basis of projected demand 
and use because of historic uncertainty regarding the use of the automobile, the 
cost of fuel and the role of mass-transit facilities. As a result, Parking Facilities, 
even if likely to achieve a level of self-sustaining revenue, have not been accept- 
able credit risks or have been subjected to higher financing costs. 

(E) The Enabling Laws authorize the use of certain Pledged Revenues as a 
means of creating a financing program that will overcome the lack of acceptance 



172 ORDINANCES 



Ord. No. 67 



of Parking Facilities in the credit markets. Such a financing program is needed in 
Baltimore City in order 

(i) to meet existing needs for Parking Facilities; 

(ii) to meet projected needs for Parking Facilities in the future; 

(iii) to facilitate and expand the redevelopment and renewal of Baltimore 
City, particularly in the CBD; 

(iv) to promote and foster the economic development and growth of 
Baltimore City; 

(v) to create and maintain employment opportunities; and 

(vi) to improve in general the welfare of the citizens of Baltimore City. 

(F) The financing program authorized in this Ordinance is designed to take ad- 
vantage of certain favorable market conditions. Current bond market conditions 
are unusual, erratic, and unfavorable in comparison to historical bond market 
conditions. An inflexible approach to borrowing by the City would threaten its 
ability to initiate necessary capital projects and would diminish the resources 
available to provide for the needs of the citizens of the City in the future. A flexi- 
ble approach to borrowing, taking advantage of demand for certain short term 
and other municipal obligations will best serve the interest of the City. 

(G) The Board of Finance, being primarily responsible for the issuance and sale 
of the City's certificates of indebtedness, has the expertise and experience 
necessar>' to be primarily responsible for the determination of matters set forth 
herein to be within its jurisdiction. The market for revenue obligations of the 
City may change from time to time from those conditions prevailing at the time 
of issuance of any series of Revenue Notes or Revenue Bonds and it is in the best 
interest of the City to grant broad authority and flexibility to the Board of 
Finance in connection with the issuance of the Revenue Obligations. 

(H) The existence of a growing market for specially structured tax-exempt 
obligations, as for example (i) structured in the form of short term commercial 
paper, (ii) structured as bond anticipation notes or refunding notes, (iii) tied to an 
interest rate or rates that vary with a defined or stated indicator or index or com- 
binations thereof, (iv) utilizing zero coupon bonds or compound interest bonds, (v) 
issued in connection with a sale lease-back transaction or a financing lease, (vi) 
utilizing letters of credit or lines of credit and (vii) otherwise structured in a form 
then responsive to the market, necessitates the establishment of procedures 
which permit the City to utilize such a market for its obligations in addition to the 
traditional tax-exempt markets. (The structures contemplated in this paragraph 
are referred to herein as the "Market Structures".) In addition, the imposition of 
requirements for the registration of all tax-exempt obligations necessitates the 
authorization of alternative forms of registration which satisfy applicable laws 
while permitting for some degree of flexibility. 

(I) Private, negotiated sales are the primary and most efficient means of 
marketing short term obligations, and in the absence of a determination by the 
Board of Finance to the contrary as to a particular issue or series, sales of short- 



ORDINANCES 173 

term Revenue Obligations pursuant to this Ordinance on a negotiated basis are in 
the best public interest and will result in the lowest cost to the City. 

(J) The issuance b y the City vf R e v e nue Ogligalw t is lofina)ie e Parking D e v e lop ' 
mtnt A c tivi t i e s at or within Parking Faciliti e s owned by the City shall be giv e n 
priority b y the City ov er th e issuanc e by the City of any i y idu^t r ial dev e lopment 
b o i uis or othe r private activity bonds in the e v e nt that the aggr e gate p r incipal 
anwunt of indust r ial development bonds o r othe r p r ivate activity bonds which 
may be issued b y the City is subj ec t io any limitation o r c eiling pu r suant to 
f e de r al law o r o t herwis e , it b e ing the intention of th e City that th e issuance of 
R e v e nue Obligations under this O r dinance shall hav e th e highest p r iority. 

Sec. 2. Be it further ordained, That paragraph (A) of Section 3 of Ordinance 
No. 998 (Bill No. 1602) of the Mayor and City Council of Baltimore, approved and 
effective June 30, 1983, be and hereby is amended to read as follows: 

(A) The issuance, sale and delivery of an aggregate principal amount of 
Revenue Obligations which, when issued, will result in receipt by the City (in- 
clusive of Costs of Issuance, as defined herein) of not exceeding (Thirty Million 
Dollars ($30,000,000)] Sixty Million Dollars ($60,000,000) is hereby authorized 
for the general public purposes of financing the cost of Parking Development Ac- 
tivities at or for Parking Facilities owned by the City, the proceeds of which are 
to finance the applicable Parking Development Activities, and repaying the City 
for amounts expended on Parking Facilities in anticipation of the issuance of the 
Revenue Obligations. This n^ximum amount may consist of (i) Revenue Notes, 
(ii) Revenue Bonds, (iii) Refunding Revenue Notes, (iv) Refunding Revenue 
Bonds, or (v) any combination of items (i) to (iv) above. Any Refunding Obliga- 
tions issued hereunder to refund any Revenue Obligations previously issued 
hereunder shall replace that portion of the authorized amount of Revenue Obliga- 
tions previously issued and shall not be deemed to reduce the maximum author- 
ized amount of Revenue Obligations permitted to be issued hereunder. 

Sec. 3. Be it further ordained, That Ordinance No. 998 (Bill No. 1602) of the 
Mayor and City Council of Baltimore, approved and effective June 30, 1983, as 
amended by this ordinance, shall remain in full force and effect. 

Sec. 4. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved May 14, 1984 

WILLIAM DONALD SCHAEFER, Mayor 



174 ORDINANCES Ord. No. 68 

No. 68 
(Council No. 144) 

AN ORDINANCE concerning 

ZONING -AUTHORIZATION FOR BUILDING HEIGHT 

FOR the purpose of authorizing the construction and maintenance of two struc- 
tures over 40 feet in height at Willow Glen Drive and Fallstaff Road. 

BY authority 

Article 30 - Zoning 

Section 4.0-2c 

Baltimore City Code (1983 Replacement Volume, as amended) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
the construction and maintenance of two multiple family dwellings over 40 feet 
in height is hereby authorized on the property located southeast of the intersec- 
tion of Willow Glen Drive and Fallstaff Road as outlined in red on the plats ac- 
companying this ordinance. One of the multiple family dwellings shall be 47.5 
feet high and the other shall be 53 feet high. Except for this authorization re- 
garding building height, all ordinances and rules and regulations of the Mayor 
and City Council of Baltimore shall be complied with in the construction and use 
of these structures. 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat £md when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development, the 
Supervisor of Assessments for Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved May 14, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



IK 



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176 



ORDINANCES 



Ord. No. 69 



approved by the Mayor on June 22, 1983, and Chapter 13 of the Laws of Maryland 
of 1983, and Ordinance No. 973 of the City, approved by the Mayor on June 22, 
1983," 

(b) The following additional Bond Acts are added to the list in B. paragraph in 
the Recitals section of the Ordinance on page 8 after line 14: 



Laws of 


City 


Approved by 


Ratified by 


Maryland 


Ordinance 


Mayor 


Voters 


"Chapter 11 of the 


Ordinance 


June 22, 


November 11, 


Laws of Maryland 


No. 966 


1983 


1983 


of 1983 








Chapter 12, of the 


Ordinance 


June 22, 


November 11, 


Laws of Maryland 


No. 969 


1983 


1983 


of 1983 








Chapter 19, of the 


Ordinance 


June 22, 


November 11, 


Laws of Maryland 


No. 967 


1983 


1983 


of 1983 








Chapter 20, of the 


Ordinance 


June 22, 


November 11, 


Laws of Maryland 


No. 972 


1983 


1983 


of 1983 








Chapter 18, of the 


Ordinance 


June 22, 


November 11, 


Laws of Maryland 


No. 968 


1983 


1983 


of 1983 








Chapter 22, of the 


Ordinance 


June 22, 


November 11, 


Laws of Maryland 


No. 970 


1983 


1983 


of 1983 








Chapter 15, of the 


Ordinance 


June 22, 


November 11, 


Laws of Maryland 


No. 97!t 


1983 


1983 


of 1983 








Chapter 21. of the 


Ordinance 


June 22, 


November 11, 


Laws of Maryland 


No. 971 


1983 


1983 


of 1983 








"Chapter U of the 


Ordinance 


June 22, 


November 11, 


Laws of Maryland 


No. 965 


1983 


1983 


of 1983 








Chapter 13, of the 


Ordinance 


June 22, 


November 11, 


Laws ofMai-yland 


No. 973 


1983 


1983 


of 1983 









ORDINANCES 177 

(c) The following additional Bond Acts are added to the list in the D. paragraph 
in the Recitals section of the Ordinance on page 11 after line 38: 

Laws of 

Maryland Title AuthoHzed Unissued 

"Chapter 11, of the 12th Urban Renewal $3,250,000 $3,250,000 

Laws of Maryland 
of 1983 

Chapter 12, of the 2nd Public Market $1,250,000 $1,250,000 

Laws of Maryland Renovation 
of 1983 

Chapter 19, of the 2nd Business Financing $7,000,000 $7,000,000 

Laws of Maryland 
of 1983 

Chapter 20, of the 11th Recreation and $1,500,000 $1,500,000 

Laws of Maryland Parks Building 
of 1983 

Chapter 18. of the 5th Economic Development $4,500,000 $4,500,000 
Laws of Maryland 
of 1983 

Chapter 22, of the 3rd Civic Center $2,500,000 $2,500,000 

Laws of Maryland 
of 1983 

Chapter 15, of the 1st Police Facilities $2,500,000 $2,500,000 

Laws of Maryland 
of 1983 

Chapter 21, of the 12th Off-Street Parking $6,000,000 $6,000,000 

Laws of Maryland 
of 1983 

Chapter U. of the 3rd Housing Development $3,000,000 $3,000,000 

Laws of Maryland 
of 1983 

Chapter 13. of the 26th School $2,000,000 $2,000,000 

Laws of Maryland 
of 1983" 

(d) The following is added to Section 7 of the Ordinance by being inserted on 
page 20, line 73 before the period: 

"Chapter 11 of the Laws of Maryland of 1983. and Ordinance No. 966 of the City, 
approved by the Mayor on June 22, 1983, Chapter 12 of the Laws of Maryland of 



178 ORDINANCES Ord. No. 70 

198S, and Ordinance No. 969 of the City, approved by the Mayor on June 22, 1983, 
Chapter 19 of the Laws of Maryland of 1983, and Ordinance No. 967 of the City, 
approved by the Mayor on June 22, 1983, Chapter 20 of the Laws of Maryland of 
1983, and Ordinance No. 972 of the City, approved by the Mayor on June 22, 1983, 
Chapter 18 of the Laws of Maryland of 1983, and Ordinance No. 968 of the City, 
approved by the Mayor on June 22, 1983, Chapter 22 of the Laws of Maryland of 
1983, and Ordinance No. 970 of the City, approved by the Mayor on June 22, 1983, 
Chapter 15 of the Laws of Maryland of 1983, and Ordinance No. 97 U of the City, 
approved by ttie Mayor on June 22, 1983, Chapter 21 of the Laws of Maryland of 
1983, and Ordinance No. 971 of the City, approved by the Mayor on June 22, 1983, 
Chapter H of the Laws of Mai'yland of 1983, and Ordinance No. 965 of the City, 
approved by the Mayor on June 22, 1983, and Chapter 13 of the Laws of Maryland 
of 1983, and Ordinance No. 973 of the City, approved by the Mayor on June 22, 
1983," 

Sec. 2. And be it further ordained, That, the provisions of this Ordinance are 
severable, and if any provision, sentence, clause, section or part hereof is held il- 
legal, invalid or unconstitutional or inapplicable to any person or circumstances 
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect 
or impair any of the remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or its application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this Ordinance would have been 
adopted if such illegal, invalid or unconstitutional provision, sentence, clause, 
section or part had not been included herein, and if the person or circumstances 
to which this Ordinance or any part thereof is inapplicable had been specifically 
exempted herefrom. 

Sec. 3. And be it further ordained. That this Ordinance shall take effect from 
the date of its passage. 



Approved May 14, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 70 
(Council No. 190) 
AN ORDINANCE concerning 

PARKING REVENUE -PARKING ENTERPRISE FUND 

FOR the purpose of amending Section 11(B) of Ordinance No. 998, approved 
June 30, 1983, by requiring the Director of Finance to account for all revenues 
received into the Parking Enterprise Fund, to pay parking facility expenses 
out of this Fund, and to transfer any unused balance in the Fund to the City's 
General Fund. 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
Section 11(B) of Ordinance No. 998, approved June 30, 1983, be and the same is 
hereby amended to read as follows: 



ORDINANCES 179 

Sec. 11. And be it further ordained, That, the City hereby covenants that: 

(B) The Director of Finance will take all steps necessary to implement and 
maintain the Parking Enterprise Fund in accordance with accounting procedures 
required under the Charter. The Director of Finance shall account for all 
revenues received by the Parking Enterprise Fund resulting from the manage- 
inent, operations, lease, rental, conveyance, or sale of any Parking Facilities 
financed by Revenue Obligations, and for Pledged Revenues. 

Any expenses relating to the management, operations, lease, rental, con- 
veyance, or sale of Parking Facilities, including any required debt service 
ainmints shall be paid from the Parking Enterprise Fund. INTEREST INCOME 
EARNED AS THE RESULT OF INVESTMENT OF REVENUES FROM 
PARKING FINES, PARKING TAXES, AND PARKING FEES AND 
PENALTIES SHALL BE CREDITED TO THE GENERAL FUND OF THE 
MA YOR AND CITY COUNCIL. 

Any balances accruing to the credit of the Parking Enterprise Fund and aris- 
ing from Fine Revenues, Tax Revenues and Fee Revenues, shall be paid 
MONTHLY to the General Fund upon a determination by the Director of 
Finance that such balances are not required to pay expenses PROVIDE FOR 
THE OBLIGATIONS of the Parking Enterprise Fund. Any balances accruing to 
the credit of the Parking Enterprise Fund and arising from Facility Revenues, 
and including revenues from management, operations, conveyance, sale, lease, or 
rental of Parking Facilities shall be paid annually to the General Fund upon 
determination by the Director of Finance that such balances are not required to 
pay expens e s PROVIDE FOR THE OBLIGATIONS of the Parking Enterprise 
Fund, to redeem any outstanding Revenue Obligations, to provide for a parking 
renewal and replacement account, or to provide ux)rking capital. 

Sec. 2. And be it further ordained, That this ordinance shall take effect 30 days 
from the date of its passage. 

Approved May 14, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



180 ORDINANCES Ord. No. 71 

No. 71 
(Council No. 71) 
AN ORDINANCE concerning 

CITY PROPERTY -SALE 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to sell 
either at public or private sale all the interest of the Mayor and City Council in 
and to a certain parcel of land containing 11,360 square feet no longer needed 
for public use located at the East Corner of Mosher Street and Malster 
Avenue. 

BY authority of 

Article V- Comptroller 

Section 5 (b) 

Baltimore City Charter (1964 Revision as amended) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
the Comptroller of Baltimore City be and he is hereby authorized to sell at either 
public or private sale in accordance with Article V, Section 5 (b) of the City 
Charter, all of the interest of the Mayor and City Council of Baltimore in and to 
the parcel of land situate in Baltimore, Maryland, and described as follows: 

Beginning for the same at the corner formed by the southeast side of Mosher 
Street, 66 feet wide and the northeast side of Malster Avenue, 60 feet wide 
and running thence binding on the northeast side of said Malster Avenue, 
North 43°-33'-20" West 217.09 feet to intersect the line of the chain link fence, 
there situate, if projected southwesterly; thence binding in part reversely on 
the line so projected, in part on the said chain link fence and in all, North 
56°-42'-50" East 26.66 feet to a corner of said chain link fence; thence binding 
on the said chain link fence the four following courses and distances; namely, 
South 53°-05'-58" East 59.74 feet, South 53°-08'-07" East 39.03 feet, South 
53°-07'-02" East 59.97 feet and South 53°-35'-04" East 68.81 feet; thence con- 
tinuing to bind in part on said chain link fence, in part on the line of said chain 
link fence if projected southeasterly and in all. South 53°-53'-16" East 49 feet, 
more or less to intersect the fifth line of a parcel of land conveyed by Parke 
Davis and Company to the Fairfax Real Estate Company by deed dated 
September 21, 1960 and recorded among the Land Records of Baltimore City 
in Liber J.F.C. No. 944, folio 566 and thence binding on part of the fifth line of 
said deed, to the end thereof, Westerly 96 feet, more or less to the place of 
beginning. 

Containing 11,360 square feet, or 0.26 acres of land, more or less. 

Sec. 2. Be itfuHher ordained, That THIS ORDINANCE IS SUBJECT TO AN 
EASEMENT FOR MUNICIPAL UTILITIES AND SERVICES, UPON THE 
TERMS, CONDITIONS, AND REGULATIONS OF THE DEPARTMENT OF 
PUBLIC WORKS AND THAT no deed or deeds shall pass in accordance 
herewith, until the same shall have been first approved by the City Solicitor. 



ORDINANCES 181 

Sec. 3. Ayid be it further ordahied, That this ordinance shall take effect from 
the date of its passage. 



Approved May 16, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 72 
(Council No. 106) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION -DEPARTMENT OF EDUCATION 

FOR the purpose of providing a supplementary general fund appropriation in 
the amount of Seventy-five Thousand Dollars ($75,000) to the Department of 
Education to be used for salaries and related costs of school crossing guards 
which could not reasonably be anticipated at the time of formulation of the 
fiscal 1984 Ordinance of Estimates. 

BY authority of 

Article VI -Board of Estimates 

Section 2(hX3) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents revenue produced by 
motor vehicle parking fines in excess of the amount from this source estimated 
and relied upon by the Board of Estimates in determining the tax levy required 
to balance the budget for the 1984 fiscal year, and said money is therefore 
available for appropriation to the Department of Education pursuant to the pro- 
visions of Article VI, Section 2(hX3) of the Baltimore City Charter (1964 Revision 
as amended); and 

Whereas, the additional sum here appropriated is for a program included in 
the current principal Ordinance of Estimates and is made necessary by a 
material change in circumstances since the formulation and adoption of such 
Ordinance, in accordance with Article VI, Section 2(hX3) of said Charter; and 

Whereas, the supplementary general fund appropriation ordained herein has 
been recommended to the City Council by the Board of Estimates, said recom- 
mendation having been made at a regular meeting of said Board held on the 18th 
day of January, 1984, all in accordance with Article VI, Section 2(hX3) of said 
Charter. 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
under the provisions of Article VI, Section 2 of the 1964 revision of the Charter 
of Baltimore City, the sum of Seventy-five Thousand Dollars ($75,000) shall be 
made available to the Department of Education as a supplementary general fund 
appropriation for the fiscal year ending June 30, 1984, for the purpose of salaries 



182 ORDINANCES Ord. No. 73 

and related costs of school crossing guards which could not reasonably be an- 
ticipated at the time of formulation of the fiscal 1984 Ordinance of Estimates. 
The amount thus made available as a supplementary general fund appropriation 
shall be expended from revenue derived from motor vehicle parking fines in ex- 
cess of the amount from this source which was estimated or relied upon by the 
Board of Estimates in determining the tax levy required to balance the budget 
for the 1984 fiscal year; and said funds from motor vehicle parking fines shall be 
the source of revenue for this supplementary general fund appropriation, as re- 
quired by Article VI, Section 2 of the Baltimore City Charter (1964 Revision as 
amended). 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 



Approved May 16, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 73 
(Council No. 107) 
AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION -DEPARTMENT OF 
TRANSIT AND TRAFFIC 

FOR the purpose of providing a supplementary general fund appropriation in the 
amount of Sixty-five Thousand Dollars ($65,000) to the Department of Transit 
and Traffic to be used for salaries and related costs of parking control agents 
which could not reasonably be anticipated at the time of formulation of the 
fiscal 1984 Ordinance of Estimates. 

BY authority of 

Article VI -Board of Estimates 

Section 2(hX3) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents revenue produced by 
motor vehicle parking fines in excess of the amount from this source estimated 
and relied upon by the Board of Estimates in determining the tax levy required 
to balance the budget for the 1984 fiscal year, and said money is therefore 
available for appropriation to the Department of Transit and Traffic pursuant to 
the provisions of Article VI, Section 2(hX3) of the Baltimore City Charter (1964 
Revision as amended); and 

Whereas, the additional sum here appropriated is for a program included in 
the current principal Ordinance of Estimates and is made necessary by a 
material change in circumstances since the formulation and adoption of such 
Ordinance, in accordance with Article VI, Section 2(hX3) of said Charter; and 



ORDINANCES 183 

Wherkas, the supplementary general fund appropriation ordained herein has 
been recommended to the City Council by the Board of Estimates, said recom- 
mendation having been made at a regular meeting of said Board held on the 18th 
day of January, 1984, all in accordance with Article VI, Section 2(hX3) of said 
Charter. 

Section I. Be it ordained by the Mayor and City Couyicil of Baltimore, That 
under the provisions of Article VI, Section 2 of the 1964 revision of the Charter 
of Baltimore City, the sum of Sixty-five Thousand Dollars ($65,000) shall be 
made available to the Department of Transit and Traffic as a supplementary 
general fund appropriation for the fiscal year ending June 30, 1984, for the pur- 
pose of salaries and related costs of parking control agents which could not 
reasonably be anticipated at the time of formulation of the fiscal 1984 Ordinance 
of Estimates. The amount thus made available as a supplementary general fund 
appropriation shall be expended from revenue derived from motor vehicle park- 
ing fines in excess of the amount from this source which was estimated or relied 
upon by the Board of Estimates in determining the tax levy required to balance 
the budget for the 1984 fiscal year; and said funds from said motor vehicle park- 
ing fines shall be the source of revenue for this supplementary general fund ap- 
propriation, as required by Article VI, Section 2 of the Baltimore City Charter 
(1964 Revision as amended). 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 



Approved May 16, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 74 
(Council No. 119) 

AN ORDINANCE concerning 

REZONING- NORTH AVENUE TRANSIT STATION 
URBAN RENEWAL AREA 

FOR the purpose of changing the zoning as follows: 

(1) 2501 Pennsylvania Avenue (portion only) from the B-2-3 to the B-2-4 Zon- 
ing District as outlined in red on the plat accompanying this ordinance; and 

(2) 2509 through 2517 Pennsylvania Avenue from the B-3-2 to the B-2-4 Zon- 
ing District, as outlined in blue on the plat accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 44 
Article 30 -Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 



184 ORDINANCES Ord. No. 75 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
Sheet No. 44 of the Zoning Districi Maps of Article 30 of the Baltimore City Code 
(1983 Replacement Volume, as amended) title "Zoning" be and it is hereby 
amended by changing: 

(1) 2501 Pennsylvania Avenue (portion only) from the B-2-3 to the B-2-4 Zoning 
District, as outlined in red on the plat accompanying this ordinance; and 

(2) 2509 through 2517 Pennsylvania Avenue from the B-3-2 to the B-2-4 Zoning 
District as outlined in blue on the plat accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development, the 
Supervisor of Assessments for Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved May 16, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 75 
(Council No. 131) 
AN ORDINANCE concerning 

CITY PROPERTY -SALE 

FOR the purpose of authorizing the Mayor and City Council of Balti- 
more to sell either at public or private sale all the interest of the Mayor and 
City Council of Baltimore in and to a certain parcel of land no longer needed 
for public use located at Lot 3/10, Ward 25, Section 2, Block 7703K containing 
0.286 acres of land more or less. 

BY authority of 

Article V -Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision as amended) 

Section I. Be it ordaitied by the Mayor and City Council of Baltimore, That 
the Comptroller of Baltimore City be and he is hereby authorized to sell at either 
public or private sale in accordance with Article V Section 5(b) of the City 
Charter, all of the interest of the Mayor and City Council of Baltimore in and to 
that parcel of land situate in Baltimore, Maryland, and described as follows: 



ORDINANCES 185 

BEING Lot 3/10 Ward 25, Section 2, Block 7703K contiiining 0.286 acres of 
land more or less. 

Said property' being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds shall pass in accordance 
here\Aith until the same shall have been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 



Approved May 16, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 76 
(Council No. 167) 

AN ORDINANCE concerning 

THE URBAN RENEWAL PLAN FOR THE CAMDEN STATION AREA 
AMENDMENT NO. 1 

FOR the purpose of amending the Camden Station Area Renewal Plan which 
was originally adopted by Ordinance No. 1097, approved December 1, 1983 to 
accomplish the follo\\ing: 

1) To add an additional Urban Renewal objective to the Plan which will pro- 
vide for the acquisition of propert>- uithin the Project area for Convention 
Center expansion or for uses compl e mentary COMPLEMENTING or support- 
ing the Convention Center. 

2) To provide the authority for Cit>' acquisition for redevelopment purposes 
by purchase, gift, de\ise, exchange, condemnation or any other lawful manner 
the fee simple interest or any lesser interest in the property- bounded by 
Camden, Sharp and Conway Streets and Interstate Route No. 395. 

3) Add TO ADD a new Exhibit "E" entitled "Acquisition Plan." 

BY authorit>' of 

Article 13 Section 25(g) 

Baltimore Cit>- Code (1083 Edition, as am e nd e d) (1983 REPL. VOL., AS 
AMENDED) 

Whereas, pursuant to Article 13, Section 25(g) of the Baltimore City Code 
(1063 Edition, as am e nd e d) , no substantial change or changes shall be made in 
any renewal plan after approval by ordinance, without such change or changes 
first being adopted and approved by ordinance, AND \^ithout such change or 
changes first being adopted and approved in the same manner as set forth in said 
Article 13 for the approval of an urban renewal plan, namely the preparation of 
such change or changes by the Department of Housing and Community Develop- 



186 ORDINANCES Ord. No. 76 

ment the approval of such change or changes by the Director of the Department 
of Planning, and approval and adoption by an ordinance of the Mayor and City 
Council of Baltimore after a public hearing in relation thereto, all in the manner 
set forth in said Article 13; and 

Whereas, said Amendment No. 1 to the Urban Renewal Plan for the Camden 
Area Project has been approved by the Director of the Department of Planning 
with respect to its conformity as to the Master Plan, the detailed location of any 
public improvements proposed in the amended Renewal Plan, its conformity to 
the rules and regulations for subdivisions, and its conformity to existing zoning 
districts; and said amended Renewal Plan has been approved and recommended 
to the Mayor and City Council of Baltimore by the Commissioner of the Depart- 
ment of Housing and Community Development; now, therefore. 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
the amendments and changes to Renewal Plan for the Camden Station Area 
Project, (hereinafter referred to as "the Amended Plan") as set forth in Section 2 
hereby having been duly reviewed and considered are hereby approved and the 
Clerk of the City Council is hereby directed to file a copy of said Amended 
Renewal Plan with the Department of Legislative Reference as a permanent 
public record and to make the same available for public inspection and informa- 
tion. 

Sec. 2. And be it further ordained, That the amendments and changes having 
been reviewed and considered as part of the aforesaid complete Amended 
Renewal Plan, are fully set forth, as follows: 

1. In the Table of Cont e nt CONTENTS add "Exhibit E -Acquisition Plan." 

2. On Page 1 in Section B entitled "Urban Renewal objectives" add Paragraph 
PARAGRAPH 8 as follows: 

"8. To acquire property for the expansion of the Convention Center or for 
uses complementing or supporting the Convention Center." 

3. On Page 3 in Section D entitled "Types of Renewal Action to be Used To 
Achieve Plan Objectives", Paragraph PARAGRAPH 2, "Acquisition of Prop- 
erty", add S ubparagraph SUBPARAGRAPH (a) and redesignate the remain- 
ing text S ubparagraph SUBPARAGRAPH (b), as follows: 

"(a) The City will acquire for redevelopment purposes by purchase, gift, 
devise, exchange, condemnation or any other lawful manner the fee simple in- 
terest or any lesser interest in the following properties which are identified on 
Exhibit E ""-Acquisition Plan." 

(1) The block bounded by Camden, Sharp and Conway Streets and In- 
terstate Route No. 395. 

(b) x X X X 

4. Add a new Exhibit E, entitled "Acquisition Plan." 

Sec. 3. And be it further ordained, That IN whatever respect, if any, the Amended 
Renewal Plan approved hereby for the Camden Station Area Project may not meet 



ORDINANCES 187 

the requirements as to the content of a renewal plan or the procedure for the prepara- 
tion, adoption, and approval of renewal plans as provided in Article 13 
of the Baltimore City Code (1983 Edition, as amended), the said requirements 
are hereby waived and the amended Renewal Plan approved hereby is exempted 
therefrom. 

Sec. a. And be it further ordained, That in the event it be judicially determined 
that any word phrase, clause, sentence, paragraph, section or part in or of this 
ordinance or the application thereof to any person or circumstance is invalid, the 
remaining provisions and the application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining provisions of this or- 
dinance without the word, phrase, clause, sentence, paragraph, section or part of 
the application thereof so held invalid. 

Sec. 5. And be it further ordained, That in any case where a provision of this 
ordinance concerns the same subject matter as an existing provision of any zon- 
ing, building, electrical, plumbing, health, fire or safety ordinance or code or 
regulation, the applicable provisions concerned shall be construed so as to give 
effect to each; provided, however, ihat if such provisions are found to be in ir- 
reconcilable conflict; the provision which establishes the higher standard for the 
promotion and protection of the public health and safety shall prevail. In any case 
where a provision of this ordinance is found to be in conflict with an existing pro- 
vision of any other ordinance or code or regulation in force in the City of 
Baltimore which establishes a lower standard for the promotion and protection of 
the public health and safety, the provision of this ordinance shall prevail, and the 
other existing provision of such other ordinance or code or regulation is hereby 
repealed to the extent that it may be found in conflict with this ordinance. 

Sec. 6. And be it further ordained. That this ordinance shall take effect from 
the date of its passage. 

Approved June 4, 1984 

WILLIAM DONALD SCHAEFER, Mayor 



188 ORDINANCES Ord. No. 77 

No. 77 
(Council No. 177) 

AN ORDINANCE concerning 

URBAN RENEWAL -BROOKLYN BUSINESS AREA- 
AMENDMENT 1 TO THE URBAN RENEWAL PLAN 

FOR the the purpose of amending the Urban Renewal Plan for the Brooklyn 
Business Area to, among other things, (1) revise the project boundary to in- 
clude a portion of the block bounded by Washburn Avenue, Potee, Talbott, and 
Leadenhall Streets; (2) authorize the acquisition of certain properties in the 
vicinity of Patapsco Avenue and Potee Street by the Mayor and City Council 
of Baltimore; (3) revise the regulations regarding coin-operated amusement 
devices and amusement arcades; (4) create, combine, and/or modify the bound- 
aries and land us e of c e rtain disposition lots; (5) . LAND USE, AND CON- 
TROLS OF CERTAIN DISPOSITION LOTS; (5) DESIGNATE UTILITY 
EASEMENTS ON CERTAIN DISPOSITION LOTS; (6) PROVIDE FOR 
THE WIDENING OF CERTAIN STREETS; (7) recommend zoning district 
changes and provide that the approval of Amendment 1 shall not be construed 
as an .enactment of said changes; (6) (8) revise the Exhibits attached to the 
Urban Renewal Plan to reflect the changes being proposed herein; f?) (9) 
waive such requirements, if any, as to content or procedure for the prepara- 
tion, adoption and approval of renewal plans as set forth in Article 13 of the 
Baltimore City Code (1983 Replacement Volume) which the Urban Renewal 
Plan for the Brooklyn Business Area may not meet; (8) (10) provide for the 
separability of the various parts and applications of this ordinance; (^(11) pro- 
vide that where the provisions of this ordinance shall conflict with any other 
ordinance, code or regulation in force in the City of Baltimore, the provision 
which establishes the higher standard shall prevail; and (i^ (12) provide for an 
effective date hereof. 

Vhereas, an Urban Renewal Plan for the Brooklyn Business Area was first 
approved by the Mayor and City Council of Baltimore by Ordinance No. 852, 
dated December 21, 1982; and 

Whereas, pursuant to Article 13 of the Baltimore City Code (1983 Replace- 
ment Volume), no substantial change or changes shall be made in any renewal 
plan, after approval by ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in said Article 13 for the 
approval of a renewal plan, namely the preparation of such change or changes by 
the Department of Housing and Community Development, the approval of such 
change or changes by the Director of the Department of Planning, and approval 
and adoption by an ordinance of the Mayor and City Council of Baltimore after a 
public hearing in relation thereto, all in the manner set forth in said Article 13; 
and 

Whereas, extensive changes in the Urban Renewal Plan make it infeasible to 
make line-by-line changes; therefore, the Department of Housing and Communi- 
ty Development has prepared an amended Urban Renewal Plan for the Brooklyn 



ORDINANCES 189 

Business Area, revised to include Annendment No. 1, dated March 9, 1984 AND 
REVISED APRIL 20, 1984; and 

Whereas, said amended Urban Renewal Plan for the Brooklyn Business Area 
has been approved by the Director of the Department of Planning with respect to 
its conformity as to the Master Plan, the detailed location of any public im- 
provements proposed in the amended Renewal Plan, its conformity to the rules 
and regulations for subdivisions, and its conformity to existing and proposed zon- 
ing classifications; and said amended Renewal Plan has been approved and 
recommended to the Mayor and City Council of Baltimore by the Commissioner 
of the Department of Housing and Community Development; now, therefore. 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
the amended Urban Renewal Plan for the Brooklyn Business Area, identified as 
"Urban Renewal Plan, Brooklyn Business Area . . . revised to include Amend- 
ment No. 1, dated March 9, 1984 AND REVISED APRIL 20, 1984," having been 
duly reviewed and considered is hereby approved and the Clerk of the City Coun- 
cil is hereby directed to file a copy of said amended Urban Renewal Plan with the 
Department of Legislative Reference as a permanent public record and make the 
same available for public inspection and information. 

Sec. 2. And be it further ordained, That the boundary of the Brooklyn Business 
Area shall be expanded to include a portion of the block bounded by Washburn 
Avenue, Potee, Talbott, and Leadenhall Streets; therefore the boundary of the 
Brooklyn Business Urban Renewal Area, as described in Ordinance No. 852, 
dated December 21, 1982 Oines 7 through 80, pages 3 through 5) is hereby 
amended to read as follows: 

Beginning for the same at the intersection of the south side of Cambria 
Street and the east side of Fifth Street; thence binding on the east side of 
Fifth Street northerly to intersect the north side of Freeman Street; thence 
binding on the north side of Freeman Street, crossing Fifth Street, and con- 
tinuing westerly to intersect the west side of Helmstetter Street; thence bind- 
ing on the west side of Helmstetter Street southerly to intersect the northern 
property line of Lot 58, Block 7075; thence binding on the northern property 
line of said Lot 58 westerly to intersect the east side of Fourth Street; thence 
binding on the east side of Fourth Street northerly to intersect a point on the 
east side of Fourth Street formed by extending the north side of an unnamed 
13 foot alley in a straight line across Fourth Street; thence crossing Fourth 
Street on said line and continuing on the north side of said unnamed 13 foot 
alley westerly and crossing Third Street to the west side of Third Street; 
thence binding on the west of Third Street southerly to intersect the north 
side of E. Patapsco Avenue: thence binding on the north side of E. Patapsco 
Avenue westerly to intersect the east side of Second Street; thence binding on 
the east side of Second Street northerly to intersect the north side of 
Chesapeake Avenue; thence binding on the north side of Chesapeake Avenue 
southwesterly to intersect the west side of Hanover Street; thence binding on 
the west side of Hanover Street southerly to intersect the eastern right-of-way 
line of the Harbor Tunnel Throughway Access Ramp for Potee Street and 
Patapsco Avenue; thence binding on said right-of-way line southwesterly 
northwesterly, southwesterly, and southeasterly to intersect the west side of 



190 ORDINANCES Ord. No. 77 

an unnamed 20 foot alley; thence binding on the west side of said 20 foot alley 
southerly to intersect the north side of W. Patapsco Avenue; thence binding on 
the north side of W. Patapsco Avenue northwesterly, crossing the access ramp 
for the Harbor Tunnel Throughway and Potee Street, to intersect the west 
side of Potee Street; thence binding on the west side of Potee Street northerly 
to intersect the southern right-of-way line of the Baltimore Harbor Tunnel 
Throughway; thence binding on said right-of-way of said Throughway 
southwesterly, northwesterly and southwesterly to intersect the southern 
boundary line of Baltimore City; thence binding on the southern boundary line 
of Baltimore City easterly to intersect the east side of Riverside Road; thence 
binding on the east and south sides of Riverside Road northerly and easterly to 
•intersect the east side of Leadenhall Street; thence binding on the east side of 
Leadenhall Street northerly, crossing Talbott Street, to intersect the south side 
of the first 15 foot alley; thence binding on the south side of said 15 foot alley 
easterly to intersect the east side of the first 10 foot alley; thence binding on the 
east side of said 10 foot alley northerly to intersect the south side of Washburn 
Avenue; thence binding on the south side of Washburn Avenue easterly to in- 
tersect the western property line of Lot 1/5, Block 7027-F; thence binding on 
said property line southerly and easterly to intersect the west side of an un- 
named 14 foot alley; thence binding on the west side of said 14 foot alley 
southerly to intersect the north side of Bristol Avenue; thence binding on the 
north side of Bristol Avenue westerly to intersect the east side of Potee 
Street; thence binding on the east side of Potee Street southerly and 
southeasterly to a point on the east side of Potee Street formed by extending 
the southeastern property line of Lot 15, Block 7027- J in a straight line across 
Potee Street; thence crossing Potee Street and continuing on the southeastern 
property line of said Lot 15 southwesterly to intersect the southern boundary 
line of Baltimore City; thence binding on the southern boundary line of 
Baltimore City easterly and southeasterly to intersect the east side of Second 
Street; thence binding on the east side of Second Street northerly to intersect 
the north side of Jack Street; thence binding on the north side of Jack Street 
westerly to intersect the east side of an unnamed 30 foot alley; thence binding 
on the east side of said 30 foot alley northerly to intersect the south side of 
Cambria Street; thence binding on the south side of Cambria Street 
southeasterly to the point of beginning. 

Sec. 3. And he it further ordained, That it is necessary to acquire, by purchase 
or by condemnation, for urban renewal purposes, the fee simple interest or any 
lesser interest in and to certain properties or portions thereof, together with all 
right, title, interest and estate that the owner or owners of said property interest 
may have in all streets, alleys, ways or lanes, public or private, both abutting the 
whole area described and/or contained within the perimeter of said area, situate 
in Baltimore City, Maryland, and described as follows: 

100 W. Garrett Street 

3640 Potee Street 

Lot 33/34, Block 7027- A, described as the property on the south side of 
W. Patapsco Avenue, 298 feet west of Potee Street 



ORDINANCES 191 

Lot 27, Block 7027-B, described as the property on the south side of W. Pa- 
tapsco Avenue, 288 feet northwest of Potee Street 

Lot 1, Block 7027-D, described as the property on the north side of Riverside 
Road at the northwest corner of the new City line 

Lot 18, Block 7027-M, described as the property on the south side of 
W. Washburn Avenue at the southeast corner of Leadenhall Street 

Sec. 4. And be it further ordained, That the Real Estate Acquisition Division of 
the Department of the Comptroller, or such person or persons and in such man- 
ner as the Board of Estimates, in the exercise of the power vested in it by Article 
V, Section 5, of the Baltimore City Charter, may hereafter from time to time 
designate, is or are authorized to acquire on behalf of the Mayor and City Council 
of Baltimore and for the purposes described in this ordinance, the fee simple in- 
terest or any lesser interest in and to the properties or portions thereof 
hereinabove mentioned. If the said Real Estate Acquisition Division of the 
Department of the Comptroller, or such person or persons and in such manner as 
the Board of Estimates in the exercise of the power vested in it by Article V, Sec- 
tion 5, of the Baltimore City Charter may hereafter from time to time designate, 
is or are unable to agree with the owner or owners on the purchase price for said 
properties or portions thereof, it or they shall forthwith notify the City Solicitor 
of Baltimore City, who shall thereupon institute in the name of the Mayor and 
City Council of Baltimore the necessary legal proceedings to acquire by condem- 
nation the fee simple interest or any lesser interest in and to said properties or 
portions thereof. 

Sec. 5. And be it further ordained, That the revised regulations regarding coin- 
operated amusement devices and amusement arcades as contained in Section 
B.2.a. of the Urban Renewal Plan are hereby approved. 

Sec. 6. And be it further ordained. That the creation, combination, and/or 
modificiation of the boundaries and change in land uses of AND CONTROLS ON 
certain disposition lots, as shown in the amended Urban Renewal Plan IN SEC- 
TION B.2.C AND on Exhibit 3 -Land Disposition, dated as revised March 9 , 
1^84 APRIL 20, 1984, are hereby approved. 

SEC. 7. AND BE IT FURTHER ORDAINED, THAT UTILITY 
EASEMENTS SHALL BE CREATED ON CERTAIN DISPOSITION LOTS, 
AS SHOWN ON EXHIBIT 3 -LAND DISPOSITION, DATED AS REVISED 
APRIL 20, 1984. 

SEC. 8. AND BE IT FURTHER ORDAINED, THAT THE WIDENING OF 
PORTIONS OF GARRETT STREET AND PONTIAC AVENUE, AS SHOWN 
ON EXHIBIT 1 -LAND USE PLAN AND ON EXHIBIT 3-LAND DISPOSI- 
TION, DATED AS REVISED APRIL 20, 1984. ARE HEREBY APPROVED. 

Sec. 7 9. And be it further ordained. That the approval of Amendment No. 1 to 
the Urban Renewal Plan for the Brooklyn Business Area shall not be construed 



192 ORDINANCES Ord. No. 77 

as an enactment of the amendments to the Zoning Ordinance of Baltimore City 
that are shown in the amended Urban Renewal Plan on Exhibit 4, Zoning 
Districts, dated as revised March 9, 1984. 

Sec. 8 10. And be it further ordained, That Exhibits 1 through 2 AND A, dated 
as .revised March 9, 1984 AND EXHIBITS 1 AND 3, DATED AS REVISED 
APRIL 20, 1984, which are a part of said amended Renewal Plan and reflect the 
changes proposed herein are hereby approved. 

Sec. 9 11. And be it further ordained, That in whatever respect, if any, the 
amended Renewal Plan approved hereby for the Brooklyn Business Area may 
not meet the requirements as to the content of a Renewal Plan or the procedures 
for the preparation, adoption, and approval of renewal plans, as provided in 
Article 13 of the Baltimore City Code (1983 Replacement Volume), the said re- 
quirements are hereby waived and the amended Renewal Plan approved hereby 
is exempted therefrom. 

Sec. ^ 12. And be it further ordained, That in the event it be judicially deter- 
mined that any word, phrase, clause, sentence, paragraph, section or part in or of 
this ordinance or the application thereof to any person or circumstances is in- 
valid, the remaining provisions and the application of such provisions to other 
persons or circumstances shall not be affected thereby, the Mayor and City 
Council hereby declaring that they would have ordained the remaining provisions 
of this ordinance without the word, phrase, clause, sentence, paragraph, section 
or part of the application thereof so held invalid. 

Sec. 14 13. And be it further ordained. That in any case where a provision of 
this ordinance concerns the same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire or safety ordinance or code or 
regulation, the applicable provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions are found to be in ir- 
reconcilable conflict, the provision which establishes the higher standard for the 
promotion of the public health and safety shall prevail. In any case where a provi- 
sion of this ordinance is found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the City of Baltimore which 
establishes a lower standard for the promotion of the public health and safety, 
the provision of this ordinance shall prevail, and the other existing provision of 
such other ordinance or code or regulation is hereby repealed to the extent that it 
may be found in conflict with this ordinance. 

Sec. i2 14. And be it further ordained. That this ordinance shall take effect 
from the date of its passage. 

Approved June 4, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 193 

No. 78 
(Council No. 224) 

A^ ORDINANCE c6ncerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS - 
RIEMAN BLOCK PROJECT 

FOR the purpose of authorizing and empowering Mayor and City Council of 
Baltimore (the "City") to issue, sell and deliver, at any time or from time to time 
and in one or more series, as limited obligations of the City and not upon its full 
faith and credit, its industrial development revenue bonds, to be designated 
"Baltimore City, Maryland Industrial Development Revenue Bonds ( Reiman 
RIEMAN Block Project)" (the "Bonds") in an aggregate principal amount not to 
exceed $950,000, pursuant to the provisions of Sub-Section (50) of Article II of 
the Charter of Baltimore City (1964 Revision) as amended, in order to make the 
proceeds from the sale thereof available to Rieman Block Limited Partnership, a 
Maryland limited partnership (the "Borrower") by making a direct loan to the 
Borrower, all for the sole and exclusive purpose of financing the costs, charges, 
fees and expenses in connection with (a) the issuance and sale of the Bonds; (b) 
the acquisition, reconstruction and rehabilitation of certain real property and the 
improvements located in Baltimore City; and (c) the acquisition and installation 
of certain machinery and equipment, said REAL PROPERTY, improvements, 
machinery and equipment (the "Project") to be owned by the Borrower as a 
multi-family RENTAL housing project to provide 27 apartment units and one 
commercial unit in Baltimore City, at least twenty percent (20%) (or at least fif- 
teen percent (15%), if the Project is deemed to be a "Targeted Area Project") of 
which rental dwelling units shall, upon completion, be leased to persons having 
low or moderate income, in compliance with the requirements of Section 
103(fiXBX4XA) of the Internal Revenue Code of 1954, as amended, and the 
regulations promulgated thereunder, authorizing the City to loan the proceeds 
to the Borrower pursuant to a loan agreement between the City and the Bor- 
rower; authorizing Mayor of the City to accept, on behalf of the City, the BOR- 
ROWER'S letter of intent dated March 2, 1984; making certain legislative find- 
ings; authorizing and empowering the Board of Finance of the City, prior to the 
issuance and delivery of such Bonds, to adopt a resolution pursuant to which the 
Board of Finance of the City shall (a) prescribe, among other things but not 
limited to, the form, terms, provisions, sources of payment, manner or method of 
issuing and selling, and the time or times of issuance, and any and all other 
details of such Bonds, and (b) do any and all things necessiiry, proper and ex- 
pedient in connection with the issuance and sale of such Bonds; authorizing the 
sale of the Bonds by private (negotiated) or public (retail) sale; providing that the 
Borrower shall agree to submit certain plans and specifications to, and to coor- 
dinate with, the Department of Housing and Community Development in con- 
nection with such reconstruction, rehabilitation and equipping of the Project; 
and generally providing for and determining various matters and details in con- 
nection with the authorization, issuance, security, sale and payment of such 
series of Bonds. 



194 ORDINANCES Ord. No. 78 

RECITALS 

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision, 
as amended, (the "Enabling Law"), empowers Mayor and City Council of 
Baltimore (the "City") to is?ue revenue bonds and to use the proceeds of the sale 
of such revenue bonds to finance, undertakings for the accomplishment of any of 
the purposes, objects and powers of the City. Some of the general objectives of 
the City, contemplated by the Enabling Law, include (a) the relief of conditions of 
unemployment in Baltimore City, (b) promoting the health, welfare and safety of 
the residents of Baltimore City, and (c) promoting commercial and economic 
development in Baltimore City. 

The City has received a letter of intent dated March 2, 1984 (the "Letter of In- 
tent") from Rieman Block Limited Partnership, a Maryland partnership (the 
"Borrower") pursuant to which the Borrower has requested that the City par- 
ticipate in the financing of the costs, charges, fees and expenses in connection 
with a certain project (hereinafter described and referred to as the "Project") by 
issuing and selling its industrial development revenue bonds in the aggregate 
principal amount not to exceed $950,000 (the "Bonds") and loaning the proceeds 
from the sale thereof to the Borrower pursuant to a loan agreement (the "Loan 
Agreement"). 

The Project will consist of (a) the acquisition, reconstruction and rehabilitation, 
so as to contain rental dwelling units and one commercial unit of certain real 
estate and those eight certain buildings that are known as 617-31 West Lex- 
ington Street in Baltimore City together with all existing improvements located 
therein, (b) the acquisition and installation of certain equipment and machinery 
that is necessary or deemed by the Borrower to be usefuMn connection with the 
operation of the Project and (c) the acquisition of such interests in land as may be 
necessary or desirable for the Project, together with roads, other rights of ac- 
cess, utilities and other necessary facilities. The Project will be owned by the 
Borrower. At least twenty percent (20%) of the rental Unita UNITS in the Project 
(or at least fifteen percent (15%) if the Project is deemed to be a "targeted area 
project") are to be leased, upon completion, to persons having low or moderate in- 
come, in compliance with the requirements of Section 103(BXBX4XA) of the Inter- 
nal Revenue Code of 1954, as amended, and the regulations promulgated 
thereunder. 

The Loan Agreement will provide that payments by the Borrower shall be suf- 
ficient to enable the City to pay the principal of and interest and premium, if any, 
on the Bonds when and as the same shall be due and payable. 

The Loan Agreement will require the Borrower to use the proceeds of the 
Bonds solely to finance the Project (except to the extent of amounts permitted 
hereunder and by the Loan Agreement to be expended for other purposes). 

As security for the Bonds, the City may enter into a trust indenture (the "In- 
denture" ) with a corporate trustee (the "Trustee") to be appointed by the Board 
of Finance of the City (the "Board of Finance") or an assignment agreement (the 
"Assignment") with the ORIGINAL purchaser of the Bonds (the "Purchaser") 
AND A TRUSTEE (WHICH MAY BE THE PURCHASER) (THE "PROJECT 



ORDINANCES 195 

FUND TRUSTEE"). Pursuant to an Indenture or pursuant to the Assignment in 
the event that an Indenture is determined to be unnecessary, the City will assign 
to the Trustee or the Purchaser (among other things), (a) all of the City's right, 
title and interest in and to and remedies under any Loan Agreement or any 
regulatory agreement between the Borrower and the City relating to the tax ex- 
emption of interest on the Bonds (the "Regulatory Agreement") (excepting only 
the right of the City to indemnification by the Borrower and to payments to the 
City for expenses incurred by the City itself) including any and all collateral 
referred to therein, (b) the receipts and revenues of the City from any loan 
payments by the Borrower, (c) moneys which are at any time or from time to 
time on deposit with the Trustee, (d) all right, title and interest in and to and 
remedies with respect to any and all other property of every description and 
nature from time to time by delivery or by writing of any kind conveyed, 
pledged, assigned or transferred, as and for additional security for the Bonds, by 
the City or by anyone on its behalf or with its written consent, to the Trustee, 
and (e) all of the City's right, title and interest in and to and remedies under such 
other documents, including, without limitation, mortgages, deeds of trust, 
assignments, leases, guaranties and security agreements, as the Board of 
Finance shall deem appropriate or necessary to effectuate the issuance, sale and 
delivery of the Bonds and which the Board of Finance shall approve by resolution 
(the "Resolution") to be adopted by the Board of Finance prior to the issuance, 
sale and delivery of the Bonds. 

The Bonds may be sold by private (negotiated) sale or by public (retail) sale sub- 
ject to such terms and conditions as shall be approved by the Board of Finance, 
including the form of and the manner of execution and delivery of an official 
statement or other offering circular to be distributed in connection with a public 
offering of the Bonds or an information memorandum or other official informa- 
tional document prepared in connection with a private placement of Bonds. 

THE TAXATION AND FINANCE COMMITTEE OF THE CITY COUNCIL 
HELD A PUBLIC HEARING, PURSUANT TO NOTICE PUBLISHED IN A 
NEWSPAPER OF GENERAL CIRCULATION IN THE CITY FOR THE PUR- 
POSE OF APPRISING AFFECTED RESIDENTS OF THE CITY OF THE 
PROPOSED ISSU.AJ^CE OF THE BONDS AND ALLOWING SUCH 
RESIDENTS TO APPEAR AND BE HEARD CONCERNING THE IS- 
SUANCE OF THE BONDS AND THE LOCATION AND NATURE OF THE 
PROJECT. MAYOR AND CITY COUNCIL OF BALTIMORE HAS DETER- 
MINED FOLLOWING SUCH PUBLIC HEARING THAT THE ISSUANCE 
OF THE BONDS TO FINANCE THE PROJECT IS IN THE PUBLIC IN- 
TEREST AND FOR A PUBLIC PURPOSE AND BY THIS ORDINANCE HAS 
GIVEN ITS APPROVAL THERETO. 

NOW, THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW: 

Section I. Be it ordained by Mayor and City Council of Baltimore, That act- 
ing pursuant to the Enabling Law, it is hereby found and determined as follows: 

(a) The issuance and sale of the Bonds by the City pursuant to the Enabling 
Law in order to lend the proceeds thereof directly to the Borrower for the sole 
and exclusive purpose of financing the issuance and sale of the Bonds and the 



196 ORDINANCES Ord. No. 78 

costs of the Project will facilitate, enable and expedite the completion of the Proj- 
ect by the Borrower. 

(b) The completion of the Project by the Borrower and the financing thereof as 
provided in this Ordinance will serve to promote the general purposes con- 
templated by the Enabling Law by (i) sustaining jobs and employment in 
Baltimore City, (ii) promoting economic development in Baltimore City; and (iii) 
encouraging the increase of industry and a balanced economy in Baltimore City. 

(c) Neither the Bonds nor the interest or premium (if any) thereon shall ever be 
general obligations of the City or constitute a pledge of or involve the faith and 
credit or the taxing powers of the City, and neither shall constitute a debt of the 
City within the meaning of Section 7 of Article XI of the Constitution of 
Maryland or within the meaning of any other constitutional or charter provision 
or statutory limitation, and neither shall ever constitute or give rise to any 
pecuniary liability of the City. The Bonds and the interest thereon shall be 
limited obligations of the City, repayable by the City solely from the sources 
prescribed by the Board of Finance in the Resolution which may include loan 
repayments made by the Borrower, moneys derived from any collateral pledged 
under any document or security agreement executed and delivered in connection 
with issuance, sale and delivery of the Bonds, any moneys held from time to time 
by the Trustee (IF ONE IS APPOINTED), including unexpended Bond proceeds 
and investment earnings thereon, and any other moneys made available to the 
City for such purpose. The proceeds of the Bonds of each series will be paid 
directly to the Trustee (or to th e hold e rs of th e Bonds in th e ev e nt a trustee is not 
appoint e d for such purpos e ) OR TO PROJECT FUND TRUSTEE to be dis- 
bursed by the Trustee as provided in the Indenture or a Loan Agr ee m e nt OR 
BY THE PROJECT FUND TRUSTEE AS PROVIDED IN THE ASSIGN- 
MENT, EITHER OF WHICH to be approved by the Board of Finance in the 
Resolution. Loan payments will be paid directly to the Trustee (or the holders of 
the Bonds in the event a Trustee is not appointed for such purpose) as provided in 
the Indenture or a Loan Agreement to be approved by the Board of Finance in 
the Resolution. No such moneys will be commingled with the City's funds or will 
be subject to the absolute control of the City, but will be subject only to such 
limited supervision and checks as are deemed necessary or desirable by the City 
to insure that the proceeds of the Bonds are used to accomplish the public pur- 
poses of the Enabling Law and this Ordinance. The transactions authorized 
hereunder shall in no event constitute capital projects within the meaning of any 
charter or statutory provisions. The public purposes expressed in the Enabling 
Law are to be achieved by facilitating, enabling and expediting the completion of 
the Project by the Borrower. 

(d) The Board of Finance shall, in its discretion, provide in the Resolution for 
whatever form of security, if any, it deems appropriate in connection with the is- 
suance, sale and delivery of the Bonds. It is contemplated that, if the proceeds of 
the Bonds are loaned to the Borrower, the City will acquire no interest in the 
Project other than (i) any general interest in the Borrower's property shared by 
all holders of the Borrower's obligations which rank and are secured equally with 
the Borrower's obligations pursuant to the Loan Agreement, as applicable, (ii) 
the lien and security interest created by a deed of trust, if any, and by the Loan 
Agreement, as applicable, and (iii) any interest created by any other mortgage or 



ORDINANCES 197 

deed of trust or other security instrurnent executed and delivered by the Bor- 
rower or any third party as security for a loan of the Bond proceeds as the Board 
of Finance may provide for and approve in the Resolution and that the security 
for the Bonds shall be solely and exclusively (iv) the absolute, irrevocable and un- 
conditional obligation of the Borrower to make the payments required by the 
Loan Agreement, (v) moneys from the liquidation of the lien and security interest 
created by the deed of trust, if any, and the Loan Agreement, and of any other 
lien or security interest created with respect to any property as security for a 
loan of the Bonds proceeds or the Bonds as the Board of Finance may provide for 
and approve in the Resolution, and (vi) moneys realized from any guaranty of the 
Bonds or of any such loan as the Board of Finance may provide for and approve 
in the Resolution. 

Sec. 2. And be it further ordained, That the City is hereby authorized and em- 
powered to issue, sell and deliver, at any time and from time to time and in one or 
more series, and as limited obligations of the City and not upon its full faith and 
credit, its Baltimore City, Maryland Industrial Development Revenue Bonds 
(Rieman Block Project), in the aggregate principal amount not to exceed 
$950,000 subject to the provisions of this Ordinance. The proceeds of the Bonds 
will be loaned to the Borrower pursuant to the terms and provisions of the Loan 
Agreement for the sole and exclusive purpose of financing the issuance and cost 
of the Bonds and the costs, charges, fees and expenses of the Project. The Bonds 
and the interest thereon shall be limited obligations of the City, repayable by the 
City solely from the sources prescribed by the Board of Finance in the Resolution 
which may include loan repayments by the Borrower on account of a loan by the 
City of the Bond proceeds, any moneys derived from any collateral pledged 
under any document or security agreement executed and delivered in connection 
with the issuance, sale and delivery of the Bonds, any moneys held from time to 
time by the Trustee, including unexpended Bonds proceeds and investment earn- 
ings thereon, and any other moneys made available to the City for such purpose. 
The security for the Bonds shall be solely and exclusively as provided in Section 1 
of this Ordinance. 

Sec. S.And be it further ordained, That this Ordinance constitutes the commit- 
ment of the City to issue the Bonds, and the Mayor of the City is hereby author- 
ized to accept the Letter of Intent on behalf of the City in order to further 
evidence the commitment of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. 

Sec. 4. And be it further ordained, That each of the Bonds shall bear the 
descriptive title "Baltimore City, Maryland Industrial Development Revenue 
Bonds (Rieman Block Project)", provided that the descriptive title may contain 
such other descriptive information as the Board of Finance may prescribe in the 
Resolution (e.g. "Series A", or "1984 Series"). The Bonds shall bear interest at 
the rate or rates of interest to be approved and prescribed by the Board of 
Finance in the Resolution. 

Sec. 5. And be it further ordained, That the definitive Bonds, which may be 
engraved, printed or typewritten, including the Trustee's Certificate of Authen- 



198 ORDINANCES Ord. No. 78 

tication to be endorsed thereon, shall be in such form, not inconsistent with the 
Enabling Law and the provisions of this Ordinance, as the Board of Finance may 
approve in the Resolution. 

Sec. 6. And be it further ordained, That the Bonds shall be executed in the 
name of the City and on its behalf by the Mayor of the City, by his manual or fac- 
simile signature, and by the Director of Finance of the City, by his manual or fac- 
simile signature, and the corporate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested by the Custodian of the 
City Seal, by his manual signature. Any Loan Agreement, Indenture, Regulatory 
Agreement or any other document which the Board of Finance deems necessary 
or appropriate to effectuate the issuance, sale and delivery of the Bonds, shall be 
executed in the name of the City and on its behalf by the Mayor of the City (or 
such other officer as the Mayor shall lawfully designate for the purpose) by his 
manual signature, and the corporate seal of the City or a facsimile thereof shall 
be impressed or otherwise reproduced thereon and attested by the Custodian of 
the City Seal by his manual signature. In case any officer whose signature or a 
facsimile of whose signature shall appear on the Bonds or any of the aforesaid 
documents shall cease to be such officer before the delivery of the Bonds or any 
of the other aforesaid documents, such signature or such facsimile shall never- 
theless be valid and sufficient for all purposes, the same as if such officer had re- 
mained in office until delivery. The Mayor of the City, the Director of Finance of 
the City, the Custodian of the City Seal and other officials of the City are hereby 
authorized and empowered to do all such acts and things and execute such 
documents and certificates as the Board of Finance may determine in the Resolu- 
tion to be necessary to carry out and comply with the provisions hereof. 

Sec. 7. And be it further ordained, That the Bonds shall be executed, issued 
and delivered at any time or from time to time in one or more series and in such 
amount or amounts not exceeding, in the aggregate, the principal amount of 
$950,000 as the Board of Finance shall prescribe in the Resolution. 

Sec. 8. And be it further ordained. That the Bonds shall be dated, shall be in 
such denominations, shall be of such form and tenor, and shall be payable in such 
amounts at such times not exceeding 46 42 years from the date thereof and at 
such place or places as the Board of Finance shall prescribe in the Resolution. 

Sec. 9. And be it further ordained. That the Bonds may be subject to redemp- 
tion prior to their stated maturities upon such terms and conditions as the Board 
of Finance shall prescribe in the Resolution. 

Sec. 10. And be it further ordained, That prior to the issuance, sale and 
delivery of the Bonds, the Board of Finance shall adopt the Resolution pursuant 
to which the Board of Finance shall: 

(a) prescribe the form, tenor, terms, sources of payment, provisions and condi- 
tions of and security for the Bonds; 



ORDINANCES 199 

(b) prescribe the actual amounts, rate or rates of interest (or the method of 
determining the same), denominations, date, actual maturity or maturities and 
the place or places of payment of the Bonds, and the terms and conditions and 
details under which the Bonds may be called for redemption prior to their stated 
maturities. 

(c) appoint a bank having trust powers, or a trust company, as Trustee for the 
Bonds (IF A TRUSTEE IS TO BE APPOINTED) and appoint a paying agent or 
agents for the Bonds, which may be the Trustee; 

(d) approve the form and contents, and authorize the execution and delivery 
(where applicable) of any of the following documents: (i) a Loan Agreement, 
(ii) an Indenture, (iii) a Regulatory Agreement, (iv) any preliminary and final of- 
ficial statement or offering circular prepared in connection with the public sale of 
the Bonds or any offering memorandum or other official informational document 
prepared in connection with a private placement of the Bonds, and (v) such other 
documents as the Board of Finance shall deem appropriate or necessary in order 
to effectuate the issuance, sale and delivery of the Bonds; 

(e) determine the time of execution, issuance, sale and delivery of the Bonds 
and prescribe any and all other details of the Bonds; 

(f) provide for the direct payment by the Lender or the Borrower of all costs, 
fees and expenses incurred by or on behalf of the City in connection with the is- 
suance, sale and delivery o*' the Bonds, including (without limitation) costs of 
printing (if any) and issuing the Bonds, legal expenses and compensation to any 
person (other than full time employees of the City) performing services by or on 
behalf of the City in connection therewith; 

(g) provide for the issuance and sale (subject to the passage of an appropriate 
ordinance authorizing the same as may be required at the time) of one or more 
series of additional bonds and one or more series of refunding bonds; and 

(h) do any and all things, and authorize the officials of the City to do any and all 

things, necessar>', proper or expedient in connection with the issuance, sale and 
delivery of the Bonds. 

Sec. 11. And be it further ordained, That any Loan Agreement, L e nd e r Loan 
Agr ee m e nt, Indenture, D e posit Agr ee m e nt, D e v e lopm e nt Ag ree m e nt ASSIGN- 
MENT, Regulatory Agreement or any official statement, offering circular or in- 
formation memorandum prepared in connection with the sale of the Bonds shall 
contain such terms, provisions and conditions, not inconsistent with the Enabling 
Law and the provisions of this Ordinance, as the Board of Finance shall approve 
in the Resolution. 

Sec. 12. And be it further ordained, That, as authorized by the Enabling Law, 
the Bonds may be sold by private (negotiated) sale or by public (retail) sale upon 
such terms and conditions as shall be approved by the Board of Finance in the 
Resolution. The Board is hereby authorized: 

(a) to consent to the use by representatives of the Borrrower, any investment 
bankers or other firms acting as underwriters or placement agents or otherwise 
in regard to the sale of the Bonds, of (i) a preliminary and final official statement 



200 ORDINANCES • Ord. No. 78 

or offering circular in connection with any public offering of the Bonds or (ii) an 
offering memorandum or other official informational document in connection 
with any private placement of the Bonds; and 

(b) to execute and deliver any purchase agreement for the Bonds by and be- 
tween the City and the underwriters or other purchasers of the Bonds consistent 
with, and subject to, the provisions of this Ordinance and the Enabling Law and 
to accomplish any and all actions necessary or deemed appropriate by the City of- 
ficials to issue and deliver the Bonds to such underwriters or purchasers in ac- 
cordance with the provisions of this Ordinance and any such purchase agree- 
ment. 

Sec. 13. And be it further ordained, That the Bonds and the interest thereon 
shall not be general obligations of the City or constitute a pledge of or involve the 
faith and credit or the taxing power of the City, and shall not constitute a debt of 
the City, all within the meaning of Section 7 of Article XI of the Maryland Con- 
stitution or any other constitutional or charter provision or statutory limitation, 
limiting or restricting the sale or issuance of bonds, notes, or other obligations of 
the City. The Bonds and the interest thereon shall not constitute or give rise to 
any pecuniary liability of the City. The Bonds, and the interest thereon, shall be 
limited obligations of the City, the principal of and interest on which Bonds shall 
be payable by the City solely from and to the extent of sources prescribed by the 
Board of Finance in the Resolution which may include loan repayments made by 
the Borrower on account of a loan of the Bond proceeds by the City to such party, 
moneys derived from any collateral pledged under any document executed and 
delivered in connection with the issuance, sale and delivery of the Bonds, moneys 
held from time to time by the Trustee (IF ONE IS APPOINTED), including 
unexpended Bond proceeds and investment earnings thereon, and from any 
other moneys made available to the City for such purpose. The proceeds of the 
Bonds and the payments to be made by the Borrower will be paid directly to the 
Trustee (or to th e hold e rs of th e Bonds if no such trustee is appointed) OR THE 
PROJECT FUND TRUSTEE to be held and disbursed by the Trustee as provid- 
ed in the Indenture or th e Loan Agr ee m e nt OR BY THE PROJECT FUND 
TRUSTEE AS PROVIDED IN THE ASSIGNMENT to be approved by the 
Board of Finance in the Resolution. No such moneys will be commingled with the 
City's Funds or will be subject to the absolute control of the City, but will be sub- 
ject only to such limited supervision and checks as are deemed necessary or 
desirable by the City to insure that the proceeds of the Bonds are used to ac- 
complish the public purposes of the Enabling Law and this Ordinance. 

Sec. 14. And be it further ordained, That the Borrower shall agree that: 

(a) It will submit any plans and specifications for the construction and equip- 
ping of the Project to the Department of Housing and Community Development 
for approval, and that the Department of Housing and Community Development 
may refuse approval of any plans and specifications for aesthetic or functional 
reasons; and 

(b) It and its developers will work with the design advisory group appointed by 
the Department of Housing and Community Development in order to achieve 
high quality and design. 



ORDINANCES 201 

Sec. 15. And be it further ordained, That the provisions of this Ordinance are 
severable, and if any provision, sentence, clause, section or part hereof is held il- 
legal, invalid or unconstitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect 
or impair any of the remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or circumstances and the 
remaining provisions shall be construed so as to give practical realization to the 
public purposes intended to be achieved hereunder and the protection against 
pecuniary liability to be afforded to the City. It is hereby declared to be the 
legislative intent that this Ordinance would have been passed if such illegal, in- 
valid or unconstitutional provision, sentence, clause, section or part had not been 
included herein, and if the person or circumstances to which this Ordinance or 
any part hereof are inapplicable had been specifically exempted herefrom. 

Sec. 16. And be it further ordained, That if the Bonds are not issued and sold 
within six months from the date on which this Ordinance is approved by the 
Mayor of the City, the authorization provided in this Ordinance for the City to 
issue and sell the Bonds shall expire; provided, however, that the Board of 
Finance may, after a showing of good cause at a public hearing held before the 
Board of Finance, extend such authorization for one additional term not to ex- 
ceed six months. The Board of Finance, in its sole discretion, shall determine the 
sufficiency, or lack thereof, of the reasons presented for any requested extension 
of this Ordinance. If an extension is granted, notice of such extension and the 
reasons therefore must be sent to the City Council of the City. 

Sec. 17. And be it further ordained. That this Ordinance shall take effect from 
the date of its passage. 

Approved June 4, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 79 

(Council No. 271) 

AN ORDINANCE concerning 

CHANGE OF STREET NAME 

FOR the purpose of changing the name of that portion of West Hoffman Street, 
from North Eutaw Street to Dolphin Street, from West Hoffman Street to 
29th Division Street. 

BY authority of 

Article II -General Powers 

Section (34Kf) 

Baltimore City Charter (1964 Revision, as amended) 

Article VII -Executive Departments 

Section 42(f) 

Baltimore City Charter (1964 Revisions, as amended) 



202 ORDINANCES Ord. No. 80 

Article 27 -Surveys 

Sections 18-22 

Baltimore City Code (1983 Replacement Volume, as amended) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
the name of West Hoffman Street, between North Eutaw Street and Dolphin 
Street, be and it is hereby changed and that that portion of West Hoffman Street 
shall hereafter be known as 29th Division Street. 

Sec. 2. And be it further ordained, That this ordinance shall take effect on the 
6th day of June, 1984. 

Approved June 4, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 80 
(Council No. 166) 

AN ORDINANCE concerning 

URBAN RENEWAL -CANTON WATERFRONT- RENEWAL AREA 
DESIGNATION AND URBAN RENEWAL PLAN 

FOR the purpose of designating as a "Renewal Area" an area situate in 
Baltimore City, Maryland known as the Canton Waterfront, bounded general- 
ly by O'Donnell, Elliott, and Toone Streets on the north, Clinton Street on the 
east, and the North West Branch of the Patapsco River on the south and west; 
approving a Renewal Plan for the Canton Waterfront; authorizing the acquisi- 
tion of certain properties by purchase or condemnation, for urban renewal 
purposes; providing for the review by the Department of Housing and Com- 
munity Development of all plans for new construction, exterior rehabilitation, 
or change in use of properties within the Canton Waterfront; establishing pro- 
cedures for the issuance and denial of demolition permits; providing that in 
selling land in the Canton Waterfront area, the Department of Housing and 
Community Development shall require that developers agree in writing not to 
discriminate in the sale, lease, use or occupancy of the property developed by 
them against any person because of national origin, race, religion, sex or color; 
providing that the cleaning of masonry facades by means of sandblasting shall 
not be permitted unless the Commissioner of the Department of Housing and 
Community Development determines it to be the only feasible means of sur- 
face cleaning; providing a penalty for violation of this standard; providing that 
the approval of said Renewal Plan is not an enactment of such amendments to 
the Zoning Ordinance as are proposed in said Renewal Plan; establishing per- 
mitted land uses; creating disposition lots for residential, mixed, maritime 
services, right-of-way, and public uses; recommending the closing of certain 
streets and/or alleys; approving certain regulations, controls and restrictions 
applicable to all land and property within the Canton Waterfront; waiving 
such requirements, if any as to content or procedure for the preparation, 



ORDINANCES 203 

adoption and approval of Renewal Plans as set forth in Article 13 of the 
Baltimore City Code (1983 Replacement Volume) which the Renewal Plan for the 
Canton Waterfront may not meet; PROVIDING FOR COMMUNITY REVIEW 
OF CONSTRUCTION PLANS, AND FOR COMMUNITY REVIEW OF ALL 
PLAN AMENDMENTS; providing for the severability of the various parts and 
application of this ordinance; providing that where the provisions of this 
ordinance shall conflict with any other ordinance, code or regulation, the provi- 
sion which establishes the higher standard shall prevail; and providing for the ef- 
fective date hereof. 

Whereas, the basic goal of the City of Baltimore for the Canton Waterfront 
area is to eliminate blighting influences and protect the area from any future 
blighting influences, to bring about general physical improvements in the area 
through coordinated public and private improvements, to promote home owner- 
ship opportunities, and to maximize public access to the waterfront; and 

Whereas, in accordance with the provisions of Article 13 of the Baltimore City 
Code (1983 Replacement Volume), the Canton Waterfront area has been found to 
be in need of undertakings and activities for the elimination, the correction, or 
the prevention of the development or the spread of slums, blight, or deteriora- 
tion; and 

Whereas, the Commissioner of the Department of Housing and Community 
Development, after consultation with the Director of the Department of Plan- 
ning, acting pursuant to powers vested by Section 23(a) of Article 13 of the 
Baltimore City Code (1983 Replacement Volume), has heretofore determined 
that the Canton Waterfront area, as hereinbelow more particularly described, 
may be benefited through the exercise of those functions and powers of the City 
of Baltimore which are vested in the Department of Housing and Community 
Development by said Article 13, and has recommended to the City Council that 
an ordinance be passed to designate the Canton Waterfront as a "Renewal Area"; 
and 

Whereas, under Article 13 of the Baltimore City Code (1983 Replacement 
Volume), the Department of Housing and Community Development is authorized 
to prepare and administer renewal plans in renewal areas; and 

Whereas, the Department of Housing and Community Development has 
prepared a Renewal Plan for the Canton Waterfront, consisting of a cover page, 
a table of contents, 9 pages of text, and four (4) exhibits; and 

Whereas, the Renewal Plan for the Canton Waterfront was approved by the 
Director of the Department of Planning with respect to its conformity as to the 
Master Plan, the detailed location of any public improvements proposed in the 
Renewal Plan, its conformity to the rules and regulations for subdivisions, and all 
zoning changes proposed in the Renewal Plan; and the Renewal Plan was ap- 
proved and recommended to the Mayor and City Council of Baltimore by the 
Commissioner of the Department of Housing and Community Development; 
now, therefore. 

Section I.Beit ordained by the Mayor and City Council of Baltimore, That it 
is hereby found and determined that the area known as the Canton Waterfront, 
as hereinbelow more particularly described, may be benefitted through the exer- 



204 ORDINANCES Ord. No. 80 

cise of the functions and powers vested in the Department of Housing and Com- 
nnunity Development: 

Beginning for the same at the intersection of the north side of O'Donnell 
Street and the northwestern side of Boston Street; thence binding on the 
north side of O'Donnell Street crossing Lakewood Avenue to intersect an ex- 
tended straight line of the east side of Lakewood Avenue; thence binding on 
said extended line and the east side of Lakewood Avenue southerly to in- 
tersect the south side of O'Donnell Street; thence binding on the south side of 
O'Donnell Street easterly to intersect the east side of S. Kenwood Avenue; 
thence binding on the east side of S. Kenwood Avenue southerly to intersect 
the north side of the first 3 foot alley; thence binding on the north side of said 3 
foot alley easterly to intersect the west side of S. Streeper Street; thence bind- 
ing on the west side of S. Streeper Street southerly to intersect an extended 
straight line of the south side of Price Alley; thence binding on said extended 
straight line and the south side of Price Alley easterly to intersect the west 
side of S. Linwood Avenue; thence binding on the west side of S. Linwood 
Avenue southerly to intersect the north side of the first 10 foot alley; thence 
binding on the north side of said 10 foot alley easterly to intersect the east side 
of Curley Street; thence binding on the east side of Curley Street southerly to 
intersect the north side of Elliott Street; thence binding on the north side of 
Elliott Street easterly to intersect the east side of Potomac Street; thence 
binding on the east side of Potomac Street southerly crossing Elliott Street 
and continuing southerly to intersect the north side of the second 10 foot alley; 
thence binding on the north side of said 10 foot alley easterly, crossing Decker 
Street, and continuing to intersect the east side of S. Ellwood Avenue; thence 
binding on the east side of S. Ellwood Avenue southerly to intersect the divi- 
sion line between Lots 20, 27 and 19, Block 1898; thence binding on said divi- 
sion line easterly to intersect the west side of Robinson Street; thence binding 
on the west side of Robinson Street southerly to intersect the south side of 
Toone Street; thence binding on the south side of Toone Street easterly cross- 
ing East Avenue to intersect the west side of Clinton Street; thence binding on 
the west side of Clinton Street southerly, crossing Boston Street, to intersect 
the north side of a 40 foot street; thence binding on the north side of said 40 
foot street westerly, southwesterly and then southerly to intersect the division 
line between Lot 3, Block 1902-F and Lot 1/3, Block 1903, and continuing 
westerly on an extended straight line 680 feet, more or less; thence running in 
a southerly direction from said point on an extended straight line 300 feet, 
more or less; thence running in a westerly direction from said point on an ex- 
tended straight line 2,340 feet, more or less; thence running in a northerly 
direction from said point on an extended straight line 1,340 feet, more or less; 
thence running northerly 43°00'0"W 600 feet to intersect the southwestern 
side of Boston Street and continuing on an extended straight line to intersect 
the northeastern side of Boston Street; thence binding on the northeastern 
side of Boston Street in a southeasterly direction to a point of beginning. 

Sec. 2. And be it further ordained, That the Urban Renewal Plan, identified as 
"Urban Renewal Plan, Canton Waterfront, dated March 1, 1984, AND RE- 



ORDINANCES 205 

VISED MAY 7, 1984" is hereby approved and the Clerk of the City Council is 
hereby directed to file a copy of said Renewal Plan with the Department of 
Legislative Reference as a permanent public record and to make the same 
available for public inspection and information. 

Sec. 3. And be it farther ordained, That it is necessary to acquire by purchase 
or by condemnation, for urban renewal purposes, the fee simple interest or any 
lesser interest in and to certain properties or portions thereof, together with all 
right, title, interest, and estate that the owner or owners of said property in- 
terests may have in all streets, alleys, ways or lanes, public or private, both abut- 
ting the whole area described and/or contained within the perimeter of said area, 
situate in Baltimore City, Maryland, and described as follows: 

1100 Binney Street 

1101 Binney Street 

1102 Binney Street 

1103 Binney Street 

1104 Binney Street 

1105 Binney Street 

1106 Binney Street 

1107 Binney Street 

1108 Binney Street 

1109 Binney Street 

1110 Binney Street 
nil Binney Street 
1113 Binney Street 
1115 Binney Street 
1117 Binney Street 
1119 Binney Street 
1121 Binney Street 
1123 Binney Street 
1125 Binney Street 
1127 Binney Street 

2628-2630 Boston Street 
2634 Boston Street 
2638 Boston Street 
2700-2702 Boston Street 
2704 Boston Street 
2706 Boston Street 
2708-2712 Boston Street 
2722 Boston Street 
2724 Boston Street 
2726 Boston Street 
2800-2802 Boston Street 
2804 Boston Street 
2814 Boston Street 
2818-2820 Boston Street 
2834 Boston Street 
2901-3001 Boston Street 



206 ORDINANCES Ord. No. 80 

3000-3028 Boston Street 
3030 Boston Street 
3032 Boston Street 
3034 Boston Street 
3036-3038 Boston Street 
3040-3044 Boston Street 
3046 Boston Street 
3048 Boston Street 

1404 S. Clinton Street 

1201 S. Decker Street AVENUE 

1202 S. Decker Street AVENUE 

1203 S. Decker Street AVENUE 

1204 S. Decker Street AVENUE 

1205 S. Decker Street AVENUE 

1206 S. Decker* Street AVENUE 

1207 S. Decker Street AVENUE 

1208 S. Decker Street AVENUE 

1209 S. Decker Street AVENUE 

1210 S. Decker Street AVENUE 

1211 S. Decker Street AVENUE 

1212 S. Decker Street AVENUE 

1213 S. Decker Street AVENUE 

1214 S. Decker Street AVENUE 

1215 S. Decker Street AVENUE 

1216 S. Decker Street AVENUE 

1217 S. Decker Street AVENUE 

1218 S. Decker Street AVENUE 

1219 S. Decker Street AVENUE 

1220 S. Decker Street AVENUE 

1221 S. Decker Street AVENUE 

1222 S. Decker Street AVENUE 

1223 S. Decker Street AVENUE 

1224 S. Decker Street AVENUE 

1225 S. Decker Street AVENUE 

1226 S. Decker Street AVENUE 

1227 S. Decker Street AVENUE 

1228 S. Decker Street AVENUE 

1229 S. Decker Street AVENUE 

1230 S. Decker Street AVENUE 

1231 S. Decker Street AVENUE 

1232 S. Decker Street AVENUE 

1233 S. Decker Street AVENUE 

1234 S. Decker Street AVENUE 

1235 S. Decker Str ee t AVENUE 

1236 S. Decker Street AVENUE 

1237 S. Decker Street AVENUE 

1238 S. Decker Street AVENUE 

1239 S. Decker Street AVENUE 

1240 S. Decker Street AVENUE 



ORDINANCES 



207 



1241 S. 

1242 S. 

1243 S. 

1244 S. 
1245 
1246 
1247 
1248 
1249 
1251 
1253 



2700 S. 


EUi 


2702 S. 


Elli 


2704 S. 


Elli 


2706 S. 


Elli 


2708 S. 


Elli 


2710 S. 


Elli 


2712 S. 


Elli 


2713 S. 


Elli 


2714 S. 


Elli 


2715 S. 


Elli 


2716 S. 


Elli 


2718 S. 


Elli 


2720 S. 


Elli 


2722 S. 


Elli 


2724 S. 


Elli 


2800 S. 


Elli 


2801 S. 


Elli 


2802 S. 


Elli 


2803 S. 


Elli 


2804 S. 


Elli 


2805 S. 


Elli 


2806 S. 


Elli 


2807 S. 


Elli( 


2808 S. 


Elli( 


2809 S. 


Elli 


2810 S. 


Elli( 


2811 S. 


Elli( 


2812 S. 


Ellic 


2813 S. 


Elli( 


2814 S. 


Elli( 


2815 S. 


Elli( 


2816 S. 


Elli( 


2818 S. 


Elli( 


2820 S. 


Elli( 


2822 S. 


Elli( 


2823 S. 


Elli( 


2824 S. 


Ellic 


2825 S. 


Elli( 



Decker 
Decker 
Decker 
Decker 
Decker 
Decker 
Decker 
Decker 
Decker 
Decker 
Decker 



btrcet 
otrcet 
btrcct 
otrect 
oirccL 
Direct 
btreet 
btrect 
btreet 

4. i. 

OLrecL 
btreet 

Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 



AVENUE 
AVENUE 
AVENUE 
AVENUE 
AVENUE 
AVENUE 
AVENUE 
AVENUE 
AVENUE 
AVENUE 
AVENUE 



)8 


ORDINANCES 


2826 S. 


Elliott Street 


2827 S. 


Elliott Street 


2828 S. 


Elliott Street 


2829 S. 


Elliott Street 


2830 S. 


Elliott Street 


2831 S. 


Elliott Street 


2832 S. 


Elliott Street 


2833 S. 


Elliott Street 


2834 S. 


Elliott Street 


2836 S. 


Elliott Street 


2838-2840 S. Elliott Street 


2900 S. 


Elliott Street 


2901 S. 


Elliott Street 


2902 S. 


Elliott Street 


2904 S. 


Elliott Street 


2906 S. 


Elliott Street 


2908 S. 


Elliott Street 


2910 S. 


Elliott Street 


2912 S. 


Elliott Street 


2914 S. 


Elliott Street 


2916 S. 


Elliott Street 


2918 S. 


Elliott Street 



Ord. No. 80 



1200 S. Ellwood Avenue 

1202 S. Ellwood Avenue 

1204 S. Ellwood Avenue 

1206 S. Ellwood Avenue 

1208 S. Ellwood Avenue 

1210 S. Ellwood Avenue 

1212 S. Ellwood Avenue 

1214 S. Ellwood Avenue 

1216 S. Ellwood Avenue 

1218 S. Ellwood Avenue 

1220 S. Ellwood Avenue 

1222 S. Ellwood Avenue 

1224 S. Ellwood Avenue 

1225-1301 Ellwood Avenue (approximately 50 feet, facing Boston Street) 

1226 S. Ellwood Avenue 

1228 S. Ellwood Avenue 

1230 S. Ellwood Avenue 

1232 S. Ellwood Avenue 

1234 S. Ellwood Avenue 

1236 S. Ellwood Avenue 

1238 S. Ellwood Avenue 

1240 S. Ellwood Avenue 

1242 S. Ellwood Avenue 

1244 S. Ellwood Avenue 

1246 S. Ellwood Avenue 

1248 S. Ellwood Avenue 

1250 S. Ellwood Avenue 



ORDINANCES 209 



1100 S. Kenwood Avenue 

1101 S. Kenwood Avenue 

1102 S. Kenwood Avenue 

1103 S. Kenwood Avenue 

1104 S. Kenwood Avenue 

1105 S. Kenwood Avenue 

1106 S. Kenwood Avenue 

1107 S. Kenwood Avenue 

1108 S. Kenwood Avenue 

1109 S. Kenwood Avenue 
illO S. Kenwood Avenue 

1111 S. Kenwood Avenue 
1112-1114 S. Kenwood Avenue 
1113 S. Kenwood Avenue 

1115 S. Kenwood Avenue 

1116 S. Kenwood Avenue 

1117 S. Kenwood Avenue 

1118 S. Kenwood Avenue 

1120 S. Kenwood Avenue 
1122 S. Kenwood Avenue 
1201 S. Kenwood Avenue 
1203 S. Kenwood Avenue 
1205 S. Kenwood Avenue 
1207 S. Kenwood Avenue 

1100 S. Lakewood Avenue 
1102 S. Lakewood Avenue 
1104 S. Lakewood Avenue 
1106 S. Lakewood Avenue 
1108-1110 S. Lakewood Avenue 

1112 S. Lakewood Avenue 

1119 S. Lakewood Avenue 

1121 S. Lakewood Avenue 

1122 6 . Lak e wood Av e nu e 

1123 S. Lakewood Avenue 
1125 S. Lakewood Avenue 
1127 S. Lakewood Avenue 

1100 S. Linwood Avenue 
1102 S. Linwood Avenue 
1104 S. Linwood Avenue 
1106 S. Linwood Avenue 
1108 S. Linwood Avenue 

1110 S. Linwood Avenue 
1200-1206 S. Linwood Avenue 

2719 O'Donnell Street 

1100 Streeper Street 
1101-1107 Streeper Street 



210 ORDINANCES Ord. No. 80 

1102 Streeper Street 
1104 Streeper Street 
1106 Streeper Street 

1108 Streeper Street 

1109 Streeper Street 

1110 Streeper Street 
nil Streeper Street 
1112 Streeper Street 
1114 Streeper Street 
1200 Streeper Street 

3201 - 3205 Toon e Str ee t 

Ward 1, S e ction 1 SECTION 9, Block 1888, Lot 1 
Ward 1, Section 9, Block ^t9Sb 1895, Lot 33 
Ward i€ 26, Section 2, Block 1900, Lot 1 

Sec. 4. And be it further ordained, That the Real Estate Acquisition Division of 
the Department of the Comptroller, or such person or persons and in such man- 
ner as the Board of Estimates, in the exercise of the power vested in it by Article 
V, Section 5, of the Baltimore City Charter, may hereafter from time to time 
designate, is or are authorized to acquire for and on behalf of the Mayor and City 
Council of Baltimore and for the purposes described in this ordinance, the fee 
simple interest or any lesser interest in and to the properties or portions thereof 
hereinabove mentioned. If the Real Estate Acquisition Division of the Depart- 
ment of the Comptroller, or such person or persons and in such manner as the 
Board of Estimates, in the exercise of the power vested in it by Article V, Section 
5, of the Baltimore City Charter, may hereafter from time to time designate, is 
or are unable to agree with the owner or owners on the purchase price of said 
properties or portions thereof, it or they shall forthwith notify the City Solicitor 
of Baltimore City, who shall thereupon institute in the name of the Mayor and 
City Council of Baltimore the necessary legal proceedings to acquire by condem- 
nation the fee simple interest or any lesser interest in and to said properties or 
portions thereof. 

Sec. 5. And be it further ordained, That all plans for new construction (in- 
cluding parking lots), exterior rehabilitation, or change in use on any property 
not to be acquired under the provisions of the Urban Renewal Plan shall be sub- 
mitted to the Department of Housing and Community Development for review. 
Only upon finding that the proposed plans are consistent with the objectives of 
the Urban Renewal Plan shall the Commissioner of the Department of Housing 
and Community Development authorize the processing of the plans for issuance 
of a building permit. The provisions of this section are in addition to and not in 
lieu of all other applicable laws and ordinances relating to new construction. 

Sec. 6. And be it further ordained, That all applications for demolition permits 
shall be submitted to the Department of Housing and Comm.unity Development 
for review and approval. Upon finding that the proposed demolition is consistent 
with the objectives of the Urban Renewal Plan, the Commissioner of the Depart- 
ment of Housing and Community Development shall authorize the issuance of 
the necessary permit. If the Comrrtissioner finds that the proposal is inconsistent 
with the objectives of the Urban Renewal Plan and therefore denies the issuance 



ORDINANCES 211 

of the permit, he shall, within 90 days of such denial, seek approval of the Board 
of Estimates to acquire for and on behalf of the Mayor and City Council of 
Baltimore the property, in whole or in part, on which said demolition was to have 
occurred by purchase, lease, condemnation gift or other legal means for the 
renovation, rehabilitation and disposition thereof. In the event that the Board of 
Estimates does not authorize the acquisition, the Commissioner shall, without 
delay, issue the demolition permit. 

Sec. 7. Ayid be it further ordained, That in selling or otherwise disposing of 
property in the Canton Waterfront Renewal Area, the Department of Housing 
and Community' Development shall require that developers agree in writing not 
to discriminate in the sale, lease, use or occupancy of the property developed by 
them against any person upon the basis of race, religion, color, sex or national 
origin. 

Sec. S.And be it further ordained, That the following standard shall be applied 
to all properties within the Canton Waterfront Renewal Area: 

Cleaning of masonry facades by means of sandblasting shall not be permitted, 
except where sandblasting is determined by the Commissioner of the Depart- 
ment of Housing and Community Development to be the only feasible means of 
surface cleaning of masonry and, where in his opinion, it will not cause damage to 
historic building materials. 

Sec. 9. Arid be it further ordained, That any person violating the provision con- 
tained in Section 8 of this ordinance shall be subject to a fine not exceeding One 
Hundred Dollars ($100.00) and that each day's violation shall constitute a 
separate offense. 

Sec. 10. And be it further ordained. That the approval of the Renewal Plan for 
the Canton Waterfront area shall not be construed as an enactment of such 
amendments to the Zoning Ordinance as are proposed in the Renewal Plan on 
Exhibit 4, Zoning Districts, dated 3/1/84. 

Sec. 11. And be it further ordained, That only those land uses contained in Sec- 
tion B.l of the Urban Renewal Plan and shown on the Land Use Plan, Exhibit 1, 
dated 3/1/84, shall be permitted within the Canton Waterfront area. 

Sec. 12. And be it further ordained. That the disposition lots created for 
residential, mixed, maritime services, right-of-way, and public uses, and the 
streets and/or alleys which are recommended to be closed, as shown on the Land 
Disposition Map, Exhibit 3, dated 3/1/84, are hereby approved. 

SEC. 13. AND BE IT FURTHER ORDAINED, THAT THE TABLE OF 
CONTENTS OF THE RENEWAL PLAN BE AMENDED TO INCLUDE THE 
FOLLOWING: 

NON-RESIDENTIAL HEIGHT RESTRICTION B.1.G.4; 

COMMUNITY REVIEW C.4.C.8; 

AND 

SUBMITTAL OF CHANGES TO THE COMMUNITY E.1.8. 



212 ORDINANCES Ord. No. 80 

SEC. 14. AND BE IT FURTHER ORDAINED, THAT A NEW SECTION 
B.l.G. BE ADDED TO THE RENEWAL PLAN TO READ AS FOLLOWS: 

G. NONRESIDENTIAL HEIGHT RESTRICTION. 

ALL NON-RESIDENTIALLY DESIGNATED AREAS ON THE LAND USE 
PLAN MAP, SHALL NOT EXCEED A MAXIMUM BUILDING HEIGHT OF 
35 FEET. HOWEVER, THIS HEIGHT RESTRICTION MAY BE WAIVED 
BY THE COMMISSIONER OF HOUSING AND COMMUNITY DEVELOP- 
MENT, IF DEEMED APPROPRIATE, AFTER REVIEW OF SUCH DEVEL- 
OPMENT BY THE COMMUNITY PURSUANT TO SECTION C.4.C. OF THIS 
URBAN RENEWAL PLAN. 

SEC. 15. AND BE IT FURTHER ORDAINED, THAT SECTION B.2.A. 
(4XC)I. OF THE RENEWAL PLAN BE AMENDED TO READ AS FOLLOWS: 

(C) DISPOSITION LOT 7 

I. DISPOSITION LOT 7 SHALL BE LIMITED TO CONVALESCENT, 
NURSING, OR REST HOME, AND/OR SINGLE FAMILY HOUSING. 

SEC. 16. AND BE IT FURTHER ORDAINED, THAT A NEW SECTION 
C.4.C. BE ADDED TO THE RENEWAL PLAN TO READ AS FOLLOWS: 

C. COMMUNITY REVIEW 

THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 
SHALL SUBMIT TO THE COMMUNITY FOR ITS REVIEW AND COM- 
MENT THE FORM AND CONTENT OF ALL THE PRELIMINARY AND 
PROPOSED FINAL CONSTRUCTION PLANS FOR EACH DISPOSITION 
LOT DESIGNATED IN THIS PLAN: AFTER THE PROPOSALS OR PLANS 
HAVE BEEN SUBMITTED TO THE COMMUNITY THE DEPARTMENT 
SHALL REQUEST THAT WRITTEN COMMENTS BE TRANSMITTED TO 
IT WITHIN TWO WEEKS. THE COMMISSIONER RETAINS THE FINAL 
AUTHORITY TO APPROVE OR DISAPPROVE ALL PLANS AND TO 
GRANT OR WITHHOLD DEVELOPMENT PRIORITIES, DISPOSING OF 
REDEVELOPMENT LAND THROUGH PROCEDURES ESTABLISHED BY 
THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. 

SEC. 17. AND BE IT FURTHER ORDAINED, THAT SECTION D OF THE 
RENEWAL PLAN BE AMENDED TO READ AS FOLLOWS: 

D. DURATION OF PROVISIONS AND REQUIREMENTS 

THE CANTON WATERFRONT RENEWAL PLAN, AS IT MAY BE 
AMENDED FROM TIME TO TIME, SHALL REMAIN IN FULL FORCE 
AND EFFECT FOR A PERIOD OF FORTY (40) YEARS FROM THE DATE 
OF APPROVAL OF THIS PLAN BY ORDINANCE OF THE MAYOR AND 
CITY COUNCIL OF BALTIMORE. 

SEC. 18. AND BE IT FURTHER ORDAINED, THAT A NEW SECTION 
E.l. BE ADDED TO THE RENEWAL PLAN TO READ AS FOLLOWS: 



ORDINANCES 213 

1. SUBMITTAL OF CHANGES TO THE COMMUNITY 

THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 
SHALL SUBMIT TO THE COMMUNITY FOR ITS REVIEW AND COM- 
MENT. ALL PROPOSED AMENDMENTS TO THE URBAN RENEWAL 
PLAN NO LATER THAN THE TIME THE PROPOSED AMENDMENTS 
ARE SUBMITTED TO THE DIRECTOR OF THE DEPARTMENT OF PLAN- 
NING BY THE DEPARTMENT OF HOUSING AND COMMUNITY 
DEVELOPMENT. THE DEPARTMENT SHALL REQUEST THAT WRIT- 
TEN COMMENTS AND RECOMMENDATIONS BE TRANSMITTED TO IT 
NO LATER THAN THREE (3) WEEKS AFTER THEY HAVE BEEN SUB- 
MITTED TO THE COMMMUNITY. 

Sec. i3 19. And be it further ordained, That the regulations, controls, and 
restrictions applicable to all land and property, as contained in Section B.2. of the 
Urban Renewal Plan AS REVISED MAY 7, 1984, are hereby approved. 

Sec. i4 20. And be it further ordained, That in whatever respect, if any, the 
said Renewal Plan approved hereby may not meet the requirements as to the 
content of a renewal plan or the procedures for the preparation, adoption, and 
approval of renewal plans, as provided in Article 13 of the Baltimore City Code 
(1983 Replacement Volume), the said requirements are hereby waived and the 
Renewal Plan approved hereby is exempted therefrom. 

Sec. i5 21. And be it further ordained, That in the event it be judicially deter- 
mined that any word, phrase, clause, sentence, paragraph, section or part in or of 
this ordinance or the application thereof to any person or circumstances is in- 
valid, the remaining provisions and the application of such provisions to other 
persons or circumstances shall not be affected thereby, the Mayor and City 
Council hereby declaring that they would have ordained the remaining provisions 
of this ordinance without the word, phrase, clause, sentence, paragraph, section 
or part or the application thereof so held invalid. 

Sec. i€ 22. And be it further ordained, That in any case where a provision of 
this ordinance concerns the same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire or safety ordinance or code or 
regulation, the applicable provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions are found to be in ir- 
reconcilable conflict, the provision which establishes the higher standard for the 
promotion of the public health and safety shall prevail. In any case where a provi- 
sion of this ordinance is found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the City of Baltimore which 
establishes a lower standard for the promotion and protection of the public 
health and safety, the provision of this ordinance shall prevail, and the other ex- 
isting provision of such other ordinance or code or regulation is hereby repealed 
to the extent that it may be found in conflict with this ordinance. 



214 ORDINANCES Ord. No. 81 

Sec. ¥f 23. And be it further ordained, That this ordinance shall take effect 
from the date of its passage. 

Approved June 5, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 81 
(Council No. 172) 
AN ORDINANCE concerning 

CITY PROPERTY -A PARCEL OF LAND FOR THE MIDDLE BRANCH 
WETLANDS MITIGATION PROJECT 

FOR the purpose of authorizing the acquisition by purchase or condemnation by 
the Mayor and City Council of Baltimore of the fee simple interests or such 
other interests as the Director of The Departm.ent of Public Works may deem 
necessary or sufficient, in and to certain pieces or parcels of land situate in 
Baltimore City, for a parcel of land needed for the Middle Branch Wetlands 
Mitigation Project located in the vicinity of Eutaw Street and Oler Street; the 
location and course of said parcel of land being shown on a plat thereof 
numbered 344-A-8 prepared by the Surveys and Records Division and filed in 
the Office of the Director of the Department of Public Works on the Twenty- 
ninth (29th) day of February, 1984. 

BY authority of 

Article I -General Provisions 

Section -4 

Article II -General Provisions 

Section -2 

Baltimore City Charter (1964 Revision, as amended). 

Section I.Beit ordained by the Mayor and City Council of Baltimore, That it 
is necessary to acquire by purchase or by condemnation the parcel of land needed 
for the Middle Branch Wetlands Mitigation Project, the fee simple interest or 
such other interests as the Director of the Department of Public Works may 
deem necessary or sufficient in and to all of that piece or parcel of land, with im- 
provements thereon, situate in Baltimore City, State of Maryland, and described 
as follows: 

Beginning for the same at the point formed by the intersection of the Middle 
Branch of the Patapsco River at mean high tide, having an elevation of 1.5 feet 
and a line having a bearing of South 22°-15'-20" West projected southwesterly, 
from a point having a coordinate value of W262 1.381 and S9029.116 and based 
on the true meridian as adopted by the Baltimore Survey Control System and 
running thence binding reversely on said line so projected through said point 
and continuing to bind on said line projected northeasterly, and for a new line 
of division through the property now or formerly owned by The Real Estate 



ORDINANCES 215 

and Improvement Company, and in all, North 22°-15'-20" East 773 feet, more 
or less, to intersect said Middle Branch of the Patapsco River at mean high 
tide and thence binding on said Middle Branch of the Patapsco River at mean 
high tide in a generally Southeasterly and Southwesterly direction 1038 feet, 
more or less, to the place of beginning. 

Including all right, title and interest in and to the riparian rights. 

Including a temporary construction easement as shown on the hereinafter 
mentioned plat. 

The course and elevation in the above description are referred to the true me- 
ridian and mean low tide as adopted by the Baltimore Survey Control System. 

Together with all right, title, interest and estate that the owner or owners of 
said property interests may have in all streets, alleys, ways or lanes, public or 
private, both abutting the whole area described and/or contained within the 
perimeter of said area. 

The location and course of said parcel of land and temporary construction ease- 
ment needed for the Middle Branch Wetlands Mitigation Project being shown on 
a plat thereof numbered 344-A-8 prepared by the Surveys and Records Division 
and filed in the Office of the Director of the Department of Public Works on the 
Twenty-ninth (29th) day of February, 1984. 

Sec. 2. Be it further ordained, That the Department of Real Estate of 
Baltimore City, or such other person or agency as the Board of Estimates may 
hereafter from time to time designate, is hereby authorized to negotiate and ac- 
quire on behalf of the Mayor and City Council of Baltimore, and for the purposes 
described in this ordinance, the fee simple interest or such other interests as may 
be deemed necessary or sufficient in and to said piece or parcel of land, with the 
improvements thereon. If the said Department of Real Estate or the person or 
agency otherwise provided for by the Board of Estimates under the authority of 
Section 5(a) Article V of the Baltimore City Charter (1964) Revision, as amended 
to June 30, 1981 and any and all amendments thereto is or are unable to agree 
with the owner or owners on the purchase price for said parcel of land and the im- 
provements thereon, it or they shall forthwith notify the City Solicitor of 
Baltimore City, who shall thereupon institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to acquire by condemnation 
the fee simple interests or such other interests as may be deemed necessary or 
sufficient in and to said piece or parcel of land, with the improvements thereon, 
herein described. 

Sec. 3. And be it further ordained, That the proceedings for the acquisition by 
condemnation of the property and rights herein described and the rights of all 
parties interested or affected thereby shall be regulated by and be in accordance 
with the provisions of The Real Property Article of the Annotated Code of 
Maryland (1974), Title 12; Section 101 Et Seq. and any and all amendments 
thereto. 



216 ORDINANCES Ord. No. 82 

Sec. 4. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 



Approved June 5, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 82 
(Council No. 184) 
AN ORDINANCE concerning 

CITY PROPERTY -SALE 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to sell 
either at public or private sale all the interest of the Mayor and City Council of 
Baltimore in 0.8213 Acres of Land more or less on the northwest side of 
Pulaski Highway (Block 6172, Portion of Lot l)-5300 Pulaski Highway. 

BY authority of 

Article V- Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision as amended) 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
the Comptroller of Baltimore City be and he is hereby authorized to sell at either 
public or private sale in accordance with Article V Section 5(b) of the City 
Charter, all of the interest of the Mayor and City Council of Baltimore in and to 
certain parcels of land situate in Baltimore, Maryland, and described as follows: 

PARCEL NO. 1 

BEGINNING for the same at a point on the northwest side of Pulaski 
Highway and at the beginning of the firstly described parcel of land in the 
Deed from Inland Steel Products Company to the Mayor and City Council of 
Baltimore, dated January 3, 1964, and recorded among the Land Records of 
Baltimore City in Liber J.F.C. 1624, page 417; thence running from said point 
of beginning and binding along the Northwest side of Pulaski Highway the 
following two courses and distances: 1) South 65 degrees 58 minutes 00 
seconds West 196.13 feet and 2) by a curve to the right having a radius of 
536.07 feet for an arc length of 3.78 feet and a chord of South 66 degrees 10 
minutes 07 seconds West 3.78 feet to a point at the end of the second or South 

54 degrees 46 minutes East 206.8 foot line of the parcel excepted in the 
beforementioned Deed; thence leaving Pulaski Highway and binding reversely 
along a part of said second line, as now surveyed, North 54 degrees 47 minutes 

55 seconds West 166.70 feet to a point in line with an existing fence; thence 
leaving the outlines and running for a new line of division, binding in part 
along said fence, North 65 degrees 32 minutes 15 seconds East 295.22 feet to 
intersect the first or North 20 degrees 08 minutes West 1014.75 foot line of 



ORDINANCES 217 

the beforementioned Deed; thence binding reversely along a part of said line, 
as now surveyed, South 20 degrees 05 minutes 30 seconds East 145.81 feet to 
the point of beginning; containing 0.8213 acres more or less. 

Said property being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds shall pass in accordance 
herewith until the same shall have been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 



Approved June 5, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 83 
(Council No. 210) 

AN ORDINANCE concerning 

ZONING -APPROVAL FOR CONDITIONAL USE 
PARKING LOT 

FOR the purpose of granting permission for the establishment, maintenance and 
operation of an open off-street parking area on the property located on the 
southeast side of S tarr e tt STERRETT Street between Carroll Street and 
Barre Street as outlined in red on the plats accompanying this ordinance. 

BY authority of 
Article 30 -Zoning 
Sections 4.9-ld and 11.0-6d 
Baltimore City Code (1983 Replacement Volume, as amended) 

Section I. Be it ordained by the Mayor and City Council ofBaltunore, That 
permission is hereby granted for the establishment, maintenance and operation 
of an open off-street parking area on the property located on the southeast side 
of S tarr e tt STERRETT Street between Carroll Street and Barre Street, as 
outlined in red on the plats accompanying this ordinance, under the provisions of 
Sections 4.9-ld and 11.0-6d of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended) titled "Zoning". 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 



218 ORDINANCES Ord. No. 84 

missioner of the Department of Housing and Community Development, the 
Supervisor of Assessments for Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 



Approved June 5, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 84 
(Council No. 222) 

AN ORDINANCE concerning 

STORMWATER MANAGEMENT 

FOR the purpose of requiring a stormwater management plan prior to 
development of certain land in the City of Baltimore; requiring review and ap- 
proval of stormwater management plans; establishing stormwater manage- 
ment criteria, and measures; requiring an additional permit fee and perform- 
ance bond to be paid prior to construction of certain building projects; pro- 
viding for suspension and revocation of permits for certain reasons; requiring 
a recorded maintenance agreement with current and future property owners; 
requiring certain inspection reports; and relating generally to the control of 
stormwater runoff and providing criminal penalties. 

BY adding to 

Article 26 - Streets and Highways 

Sections 117 through 137 to be under the new subtitle "Stormwater Manage- 
ment" 
Baltimore City Code (1983 Replacement Volume) 

Whereas, byr Natural Resources Article, Subsection 8-11A-02, Annotated 
Code of Maryland (1983 Replacement Volume , 1983 S uppl e m e nt ) legislation was 
enacted requiring each county and muncipality to implement a stormwater 
management program and; 

Whereas, byr Natural Resources Article, Subsection 8 - 11A - 02 8-11A-03, An- 
notated Code of Maryland (1983 Replacement Volume , 1983 S upplement ) re- 
quired the Department of Natural Resources to adopt rules and regulations 
which establish criteria and procedures for stormwater management in 
Maryland and; 

Whereas, the Secretary of Natural Resources on July 18, 1983 adopted rules 
and regulations establishing criteria and procedures for stormwater manage- 
ment CONTAINED IN TITLE 8 COMAR, SECTION 08.05.05, ET SEQ. and; 

Whereas, the Mayor and City Council of Baltimore concurs with the intent of 
the State legislation concerning stormwater management and; 



ORDINANCES 219 

Whereas, the Mayor and City Council of Baltimore at^ IS concerned with pro- 
tecting; the public safety, health, and general welfare from the adverse impact of 
increased stormwater runoff; now therefore, 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
sections of the Baltimore City Code (1983 Replacement Volume) be added, 
repealed or amended to read as follows: 

Article 26 - Streets and Highways 

"Stormwater Management*^ 

117 Applicability. No person shall develop any land unthin the corporate 
limits of the City of Baltimore without having provided for appropriate storm- 
water-, management measures that control or manage runoff from such develop- 
ment. The appropriate stormwater management measures shall be contained in a 
stormwater management plan. 

118 Definitions. The following terms and phrases.and their derivations which 
are used throughout this subtitle shall have the meanings given herein. The word 
"shall" is mandatory and the word "may" is permissive. Wordis not defined 
herein shall be as defined in Webster's Unabridged Dictionary. 

(1) "Adverse impact" means any deleterious effect on waters or wetlands, in- 
cluding their quxdity, quantity, surface area, special composition, aesthetic 
AESTHETICS or usefulness for human or natural uses which are IS or may po- 
tentially be harmful or injurious to human health, ujelfare, safety or property, to 
biological productivity, diversity, or stability, or which unreasonably inteifefe IN- 
TERFERES with the enjoyment of life or property, including outdoor recreation. 

(2) "Applicant" means any person , firm or gov e rnmental agemy who executes 
the necessary forms to procure ojficial approval of a project or a permit to carry 
out construction of a project. 

(3) "Aquifer" means a porous water-bearing geologic formation generally 
restricted to materials capable of yielding an appreciable supply of water. 

(Jf) "Cleairing" means the removal of trees and brush from the land, but shall not 
include the ordinary mowing of grass. 

(5) "Detention structure" means a permanent structure for the temporary 
storage of runoff which is designed so as not to create a permanent pool of water. 

(6) "Develop land" means to change the runoff characteristics of a parcel of land 
in conjunction with residential, commercial, industrial, or institutional con- 
struction or alteration. 

(7) "Drainage area" means that area contributing runoff to a single point 
measured in a horizontal plane, which is enclosed by a ridge line. 

(8) "Easement" means a grant or reservation by the owner of land for the use of 
sueh land by others for a specific purpose or purposes, and which must b e in - 
e luded in the c onveyanc e vf WILL BE RECORDED AND WILL ENCUMBER 
TITLE TO THE land affected by such easement. 



220 ORDINANCES Ord. No. 84 

(9) "Exemption" means those land development activities that are not sviject to 
the stormwater manxigement requirements contained in this subtitle. 

(10) "Flow attenuation" means prolonging thejlow time of runoff to reduce the 
peak discharge. 

(11) "Grading" means, WITHOUT LIMITATION, any act by which soil is 
cleared, stripped, stockpiled, excavated, scarified, filled or any combination 
thereof 

(12) "Infiltration" means the passage or rrvovement of water into the soil surface. 

(13) "Off site stormwater management" m£ans the design and construction of a 
fcuyility necessary to control stormwater from more than one developinent. 

(H) "On-site stormwater management" means the design and construction of 
systems FACILITIES necessary to control stormwater within an immediate 
development. 

(15) "Porous paving" means an open graded asphaltic or reticular concrete or 
other material which allows water to pass through it. 

(16) "PERSON" MEANS ANY PERSON, FIRM, PARTNERSHIP, ASSOCIA- 
TION, CORPORATION, COMPANY, ORGANIZATION OR OTHER ENTITY. 

(i€) (17) "Retention structure" means a permanent structure that provides for 
the storage of runoff by means of a permanent pool of water. 

(18) "RUNOFF" MEANS THE PORTION OF PRECIPITATION ON THE 
LAND THAT ULTIMATELY REACHES STREAMS. 

(ff) (19) "Sediment" means soil or other surficial nmtJrials transported or 
deposited by the action of wind, water, ice, or gravity as a product of erosion. 

(fS) (20) "Site" means any tract, lot or parcel of land or combination of tracts, 
lots, or parcels of land which are in one ownership, or are contiguous and in 
diverse ownership where development is to be performed as part of a unit, sub- 
division, or project. 

(i9) (21) "Stabilization" means the prevention of soil movement by any of 
various vegetative and/or structural means. 

(20) (22) "Stormwater management" means: 

(a) for quantitative control, a system of vegetative and structu r al STRUC- 
TURAL, AND OTHER measures that control the increased volume and rate of 
surface runoff caused by man-made changes to the land; and 

(b) for qualitative control, a system of vegetative, structural, and other 
measures that reduce or eliminate pollutants that might otherwise be carried by 
surface runoff 

(2i) (23) "Stormwater Management Plan" means a set of drawings or other 
documents submitted by a person as a prerequisite to obtaining a stormwater 
management approval, which contain all of the information and specifications 
pertaining to stormwater management FOR A PARTICULAR DEVELOP- 
MENT 



ORDINANCES 221 

(^ (2Jt) "Stripping" means any activity which removes the vegetative surface 
covering iMludi i tg , INCLUDING WITHOUT LIMITATION tree removal, clear- 
ing, grubbing, and storage or removal of topsoil. 

(2S) (25) "Variance" means the modification of the minimum stormwater 
management requirements for specific circumstances such that strict adherence 
of TO the requirements would result in unnecessary hardship and not fulfill the 
intent of ike THIS Subtitle SUBTITLE. 

(^ (26) "Waiver" means the relinquishment EXCEPTION from stormwater 
mxinagement requirements by the Department of Public Works for a specific 
development on a case by case review basis. 

(25) (27) "Watercourse" means any natural or artificial stream, river, creek, 
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, 
in and including any area adjacent thereto which is subject to inundation by 
reason of overflow of flood water. 

(26) (28) "Watershed" means the total drainage area contributing runoff to a 
single point. 

(2f) (29) "Wetlands" means an area that has saturated soils or periodic high 
groundwater levels and vegetation adapted to wet conditions and periodic 
flooding. 

119 Stormwater Management Plans. The applicant shall: 

(1) Be responsible for submitting a stormwater management plan which meets 
the design requirements provided by this subtitle and the detailed requirements of 
the Department of Public Works' Stormwater Management Design Manual. The 
plan shall contain supporting computations, drawings, and sufficient informa- 
tion to evaluate the environmental characteristics of the affected areas, the poten- 
tial impacts of the proposed development on water resources, and the effectiveness 
and acceptability of measures for managing stormwater runoff. This informa- 
tion shall also be sufficient to ei^aluate the effects that the stormwater manage- 
ment measures may have on the environmental characteristics of the affected 
areas. The applicant or builders BUILDER shall certify on the drawings that all 
clearing, grading, drainage, construction, and development shall be accomp- 
lished in strict accordance with the approved plan; and 

(2) Submit the stormwater management plan including all documentation, to 
the Department of Public Works for review and approval. The Department of 
Public Works shall review the plan to determine compliance with the re- 
quirements of this subtitle and the Department of Public Works' Stormwater 
Management Design Manual prior to approval. The approved plan shall serve as 
the basis for all subsequent construction requiring stormwater management; and 

(3) Receive notification from the Department of Public Works within 30 days 
after submission of a completed stormwater management plan concerning plan 
approval or reasons for disapproval or the need for plan modification^; OR IF 
a decision cannot be made by the Department of Public Works within 30 days, the 
applicant shall be informed of the status of the review process and the anticipated 
completion date. The stormwater management plan shall not be considered ap- 



222 ORDINANCES Ord. No. 84 

proved without the incliLsion of the signature and the date of signature of the 
Director of Public Works, or designee, on this plan. 

120 Stormwater Manxigement Criteria. The minimum stormwater control re- 
quirements shall: 

(1) Require that all developments provide management measures necessary to 
maintain the post-development peak discharges for a 24-hour, 2- and 10-year fre- 
quency storm event at a level that is equal to or less than the respective, 2Jt-hour, 
2-and 10-year predevelopment peak discharge rate, through stormwater mxinage- 
ment p i- actice PRACTICES that control the volume, timing, and rate of flaws; 
and 

(2) Require no increase in the downstream peak discharge for the 100-year fre- 
quency storm event in watersheds designated as interjurisdictional flood hazard 
watersheds. The Jov£s Falls and the Gwynns Falls have been designated as inter- 
jurisdictional flood hazard watersheds; and 

(3) Require that where runoff is discharged into an off-site stormwater manage- 
ment facility, the control requirements and procedures shall be in accordance 
with the detailed requirements of the Department of Public Works' Stormwater 
Management Design Manual; and 

(If) Be altered by the Department of Public Works subject to the Water Resources 
Administration approval if the Department of Public Works has conducted com- 
prehensive watershed studies which demxmstrate that alternate requirements 
may better control flood damage, mitigate accelerated stream erosion and 
sedimentation, and improve water quality; and 

(5) Require that stormwater management plans be consistent with adopted and 
approved watershed management plans or flood mxinagement plans as approved 
by the Water Resources Administration in accordance with the Flood Hazard 
Management Act of 1976 (Section 8-9A-01 et seq.. Natural Resources Article, 
ANNOTATED CODE OF MARYLAND (1983 REPLACEMENT VOLUME)). 

121 Stormwater Management Measures. Stormwater TYianagement measures 
shall be required to satisfy the minimum control requirements. The stormwater 
management measures to be utilized in developing a stormwater management 
plan shall be according to the following order of preference: 

(1) Infiltration of runoff on-site: 

(2) Flow attenuation by use of open vegetated swales and natural depressions; 

(3) Stormwater retention structures; and 
(Jf) Stormwater detention structures. 

122 Stormwater Management Measures Sequence. Infiltration measures shall 
be u^ed to reduce volume increases to the e xtent possible as determined in accord- 
ance urith the Department of Public Works' Stormwater Management Design 
Manual. A combination of successive preferred practices may be used to achieve 
the applicable minimum control requirements. Justification shall be provided to 
the Department of Public Works by the applicant for vejecting e ach p i tjeti e e 
EACH PRACTICE REJECTED based on site conditions. 



ORDINANCES 223 

123 Exemptions. The following develojmient activities are exempt from the 
provisions of this subtitle and the requirements of providing stormwater manage- 
ment. 

(1) Additions or modifications to existing single family residential structures, 
detached garages, sheds, surimming pools or similar accessory improvements; or 

(2) Construction and/or grading operations, that do not disturb over 5,000 
square feet of land area unless such construction or grading operations are part 
of an approved subdivision plan which contains provisions for stormwater 
manageynent; or 

(3) Residential development consisting of single family houses each on a lot of 
two acres or greater; or 

(Jt) Land dei^elopment activities which the Water Resources Administration 
determines will be regulated under specific State laws which provide for manag- 
ing stormwater runoff 

124 Waivers. The Dii ' ectoi ' s DIRECTOR of Public Works, or designee, may 
grant a waiver of ANY OF the stormwater management requirenrients for in- 
dividual developments provided that a written request is submitted to the Depart- 
ment of Public Works by the applicant containing descriptions, drawings, and 
any other information that is necessary to evaluate the proposed development. A 
separate urritten waiver request shall be required in accordance with the provi- 
sions of this section if there are subsequent additions, extensions, or modifica- 
tions to a development receiving a waiver. Eligibility for a waiver shall be deter- 
mined if the applicant can conclusively demonstrate that it will not cause an 
adverse impact on the receiving wetlands water coarse or waterway and that: 

(1) The proposed development shall not generate more than a 10 percent in- 
crease in the 2-year pre-development peak discharge rate; or 

(2) A site is surrounded by existing developed areas which are served by an ex- 
isting network of public storm drainage systems of adequate capacity to accom- 
modate the runoff from the additional development; or 

(3) Provisions to control direct outfall to tidewater are provided when the first 
inch of rainfall is managed according to infiltration standards and specifica- 
tions promulgated by the Department of Public Works' Stormwater Management 
Design Manuxil. 

125 Variances. The Director of Public Works, or designee, may grant a writ- 
ten variance from any requirements of Section 120 (Stormwater Management 
Criteria) or the Department of Public Works' Stomnwater Management Design 
Manual if there are exceptional circumstances applicable to the site such that 
strict adherence to these provisions will result in unnecessary hardship and not 
fulfill the intent of this subtitle. A written request for variance shall be provided 
to the Department of Public Works and shall state the specific variances sought 
and reasons for their granting. The Director of Public Works, or his designee, 
shall not grant a variance unless and until sufficient specific reasons justifying 
the variance are provided by the applicant. 



224 ORDINANCES Ord. No. 84 

126 Permit Requirements. A grading or building permit shall not be issued by 
the Department of Housing and Community Development for any parcel or lot 
unless a stormwater marmgement exemption or waiver is granted, or a storm- 
water management plan meeting the requirements of this subtitle and the detailed 
requirements of the Department of Public Works' Stormwater Management 
Design Manual has been approved by the Department of Public Works. Where ap- 
propriate, a building permit shall not be issued until the Department of Public 
Works certifies that the following have been properly executed: 

(1) Recorded easements for the stormwater management facility and easements 
to provide adequate access for inspection and maintenance from a public right-of- 
way; and 

(2) A recorded stormwater management maintenance agreement; and 

(3) A performance bond. 

127 Permit Fee. A non - r e fmidabl e p e nnitf ee , IN CASES WHERE A STORM- 
WATER MANAGEMENT PERMIT IS REQUIRED, A NON-REFUNDABLE 
STORMWATER MANAGEMENT PERMIT FEE, in addition to the usual fee 
charged for processing a grading or building permit, shall be collected by the 
Department of Housing and Comf^munity Development at the time a grading or 
building permit is issued. The permit fee may provide for the cost of stormwater 
management plan review, administration, management of the stormwater per- 
mitting process, and inspection of all projects subject to the requirenvents of this 
subtitle. A fee schedule shall be established based upon the relative complexity of 
the project and may be amended from time to time. The fee schedule shall be estab- 
lished by the Director of Public Works and the Commissioner of Housing and 
Community Development subject to approval by the Board of Estimates. 

128 Permit Suspension and Revocation. Any grading or building permit 
issued by the Department OF HOUSING AND COMMUNITY DEVELOPMENT 
shall be suspended or revoked by the Departm£nt OF HOUSING AND COM- 
MUNITY DEVELOPMENT after ujritten notice is given to the permittee and the 
Department OF HOUSING AND COMMUNITY DEVELOPMENT by the 
Department of Public Works for any of the follounng reasons: 

(1) Any violation(s) of the conditions of the stormwater management plan ap- 
proval. 

(2) Changes in site runoff characteristics upon which a waiver was granted. 

(3) Construction is not in accordance urith the approved plans. 

(4) Noncompliance unth correction notice(s) or stop work orderfs) issued for the 
construction of the stormwater management facility. 

(5) An immediate danger exists in a dmunstream area in the opinion of the 
Director of Public Works or designee. 

129 Permit Conditions. The Director of Public Works, or designee, in grant- 
ing plan approval, may impose additional conditions thereto as may be deemed 
necessary to ensure compliance with the provisions of this subtitle, the Depart- 
ment of Public Works' Stormwater Management Design Manual, and the preser- 
vation of the public safety, health, and general welfare. 



ORDINANCES 225 

130 Construction Inspection Schedule and Reports. Prior to the approval of a 
stomiwater managnient plan, the applicant shall submit to the Department of 
Public Works a proposed construction and inspection control schedule. The 
Department of Public Works, or an authorized representative, shall conduct in- 
spections at the construction stages specified in the Department of Public Works 
Stormwater Management Design Manual and file reports of inspections during 
construction of stormwater management systems to ensure compliance with the 
approved plans. 

No other scheduled stormwater management work shall proceed until the 
Department of Public Works inspects and approves the work previously com- 
pleted and furnishes the applicant unth the results of the inspection soon after 
completion of each required inspection. 

After receiving written notice from the Department of Public Works, the appli- 
cant shall promptly correct any portion of the work which cbes not comply with 
the approved plans. The notice shall set forth the nature of corrections required 
and the time urithin which corrections shall be made. 

131 Final Inspection Reports. A final inspection shall be conducted by the 
Department of Public Works upon completion of the stormwater management 
facility to determine if the completed work is constructed in accordance urith ap- 
proved plans, the detailed requirements of the Department of Public Works' 
Stormwater Management Design Manual, and the intent of this subtitle. A 
registered professional engineer licensed in Maryland is required to certify on 
"As-Built" plans that the stormwater management facility has been constructed 
in accordance urith the approved plans and specifications. The applicant shall 
receive written notification of the final inspection results. The Department of 
Public Works shall maintain a permanent file of inspection reports. 

132 Performance Bond. The Department of Public Works shall require from 
the applicant a surety or cash bond, irrevocable letter of credit, or other means of 
security acceptable to the City of Baltimore prior to issuance of any building 
and/or grading permit for construction of a development requimng a stormwater 
management facility. The amount of security shall not be less than the total 
estimated construction cost of the stormwater management facility. This estimate 
shall be prepared by a registered professional engineer and submitted with the 
plan. The bond so required in this section shall include provisions relative to 
forfeiture for failure to complete work specified in the approved stormwater 
management plan, compliance unth all provisions of this subtitle, the Department 
of Public Works Stormwater Management Design Manual, other applicable laws 
and regulations, and any time limitations. The b onds BOND shall not be fully 
released without a final inspection of completed work by the Department of Public 
Works, submission of 'As-Built" plans, and certification of completion by the 
Department of Public Works of the stormwater management facility as being in 
compliance with the approved plan and the provisions of this subtitle. A prmn- 
sion may be made for partial release of the amount of the bond, pro-rated upon 
completion and acceptance of the vamous stages of the development as specifically 
delineated, described, and scheduled on the required plans and specifications. 
The applicant shall notify the Department of Public Works upon completion of 
each stage that the facility is ready for inspection. 



226 ORDINANCES Ord. No. 84 

138 Maintenance Responsibility. The owner of the property on which work has 
been done pursuant to this subtitle for private stormwater management facilities, 
or any other person or agent in control of such property, shall maintain in good 
condition and pr&rnptly repair and restore all grade surfaces, walls, drains 
dams and structures, vegetation, erosion and sediment control measures, and 
other protective devices. Su£h repairs or restorations shall be in accordance vnth 
approved plans. 

A maintenance schedule for any stormwater management facility shall be 
developed for the life of the development and shall state the maintenance to be com- 
pleted, the time period for completion, and who shall perform the muintenance in- 
cluding provisions for normal and abnormal maintenance. The maintenance 
schedule shall be printed on the stormwater management plan. 

ISJt Maintenance Agreement. The Department of Housing and Community 
Development shall not issue any grading or building permit for which stomn- 
water m/inagement is required until the Department of Public Works certifies 
that the applicant or owner has executed an inspection and maintenance agree- 
ment binding on all subsequent owners of land seinjed by the private stormwater 
management faeility. Sueh agreement shall provide for aecess to the facility at 
reasonable times, for regular inspection by the Department of Public Works, or 
its authorized representative, and for regular or special assessments of property 
owners to ensure that the facility is maintained in proper working condition to 
meet the requirements of this subtitle, the Department of Public Works' Storm- 
water Management Design Manual and any other provisions required by the 
Director of Public Works or designee. 

The agreement shall be recorded in the land records of the City of Baltimore by 
the applicant and/or owner. 

The agreement shall also provide that, if after urritten notice by the Department 
of Public Works to correct a violation requiring maintenance work, sastisfactory 
corrections are not made by the oumerfs) of land served by the facility urithin a 
reasonable period of time, not to exceed 30 days unless extended for good cause 
shoum, the Department of Public Works, or its designee, may perform all 
necessary work to place the facility in proper working condition. The owners of 
property served by the facility shall be assessed the cost of the work and any 
penalties and there shall be a lien on any property served by the facility, which 
may be placed on the tax bill and collected as ordinary taxes by the Department of 
Finance. 

135 Preventive Maintenance Inspection. Preventive maintenance shall be en- 
sured through inspection of all infiltration systems, swales, retention, or deten- 
tion structures by the Department of Public Works. The inspection shall occur 
during the first year of operation and at least once every three years thereafter. 

Preventive maintenance inspection reports shall be maintained by the Depart- 
ment of Public Works on all stormwater management st r uctur e s FACILITIES. 
The reports shall conform to the detailed requirements of the Department of 
Public Works' Stormwater Management Design Manual. 

If, after an inspection by the Department of Public Works, the condition of a 
stormwater management facility presents an immediate danger to the public 



ORDINANCES 227 

safety or health, because of an unsafe condition or improper maintenance, the 
Department of Public Works shall take such action; as may be necessary to pro- 
tect the public and make the facility safe. Any cost incurred by the Department of 
Public Works shall be assessed against the ownerfs) and collected, as provided in 
Section 13U. 

136 Appeals. Any person aggrieved by the action of any official charged with 
the enforcement of this subtitle, as a result of the disapproval of an (properly 
filed) application for a peivnit, issuance of a written notice ofmolation, or an al- 
leged failure to properly enforce this subtitle, in regard to a specific application, 
shall have the right to appeal the action to the Director of Public Works. The ap- 
peal shall be filed in writing within seven days of the date of official transmittal 
of the final decision or deteyvnination to the applicant AGGRIEVED PARTY, 
shall state clearly the grounds on which the appeal is based, ayid shall be processed 
in the manner prescribed for hearing administrative appeals under the City of 
Baltimore, Department of Public Works, Specifications for Materials, 
Highways, Bridges, Utilities and Incidental Structures, issue of 1979 and all 
amendments thereto. 

137 Penalties. Any person convicted of violating the provisions ANY PROVI- 
SION of this subtitle shall be guilty of a misdemeanor, and upon conmction 
thereof shall be subject to a fine of not more than One Thousand Dollars ($1,000) 
or imprisoyunent not exceeding one (1) y e ar or both. Each day that a violation 
continues shall b e a deemed separate ojjetis e . In addition thereof the C t ty of 
Baltunore. may i - tistitut e inj - unctiv e , tnandamus, or other appropriat e action or 
proceedings at law or EXCEEDING ONE (1) YEAR OR BOTH. EACH DAY 
THAT A MOLA TION CONTINUES SHALL BE DEEMED A SEPARATE OF- 
FENSE. IN ADDITION, THE MAYOR AND CITY COUNCIL OF 
BALTIMORE AL\Y INSTITUTE INJUNCTIl'E OR OTHER APPROPRIATE 
ACTIONS OR PROCEEDINGS AT LAW OR IN equity for the eyiforceyneyit of 
this subtitle or to correct violations of this subtitle. Any court of competent 
jurisdiction shall have the right to issue restraining orders, temporary or penna 
nent injunctions, or manduniuses or other appropriat e fonns ofr r rnedy or r e li e f. 

Sec. 2. Ayid be it further ordaiywd, That in the event it be judicially determined 
that any word, phras e s PHRASE, clause, sentence, paragraph, section, or part 
m-or of this ordinance or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of such provisions to 
other persons or circumstances shall not be affected thereby, the Mayor and City 
Council OF BALTIMORE hereby declaring that they would have ordained the 
remaining provisions of this ordinance without the word, phrase, clause, 
sentence, paragraph, section or part or the application thereof so held invalid. 

Sec. 3. Ayid be it further ordauied, That in any case where a provision of this 
ordinance concerns the same subject matter as an existing provision of any plan- 
ning, public works, zoning, building, plumbing, health, or safety ordinance or 
code or regulation, the applicable provisions concerned shall be construed so as to 
give effect to each; provided, however, that if such provisions are found to be in 



228 ORDINANCES Orel. No. 85 

irreconcilable contlict, the provision wnicn establishes the higher standard for 
the promotion and protection of the public health and safety shall prevail. In any 
cas e wh e r e a provision of this subtitl e is found to b e in conflict with an existing 
provision of any oth e r ordinanc e or cod e or regulation in forc e in th e City of 
Baltimor e which e stablish e s a low e r standard for th e promotion and protection of 
th e public health and saf e ty, th e provision of this subtitle shall prevail, and th e 
oth e r e xisting provision of such oth e r ordinanc e or code or r e gulations is h e r e by 
r e p e al e d to th e e xt e nt that it may b e found in conflict with this ordinanc e . 

Sec. 4. And be it further ordained, That the Director of Public Works is hereby 
authorized and directed to make, revise, and amend from time to time, as 
necessary, such rules and regulations not inconsistent with the provisions of this 
subtitle as may be necessary to carry out its requirements. 

Sec. 5. And be it further ordained, That this ordinance shall take effect on 
July 1, 1984. 

Approved June 5, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



No. 85 
(Council No. 258) 

AN ORDINANCE concerning 

ECONOMIC DEVELOPMENT REVENUE BONDS 
(MICRO-COMP., INC. FACILITY) 

FOR the purpose of (a) authorizing and empowering Mayor and City Council of 
Baltimore to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, 
its revenue bonds in an aggregate principal amount not exceeding $1,000,000 
pursuant to the provisions of Article II, sub-section (50) of the Charter of 
Baltimore City (1964 Revision), as amended, for the purpose of financing the 
costs of the acquisition by Bernard Goodman of a certain facility consisting of 
the acquisition of two tracts of land, (a) one tract containing three parcels of 
land known respectively, as (i) 1411 S. Caton Avenue, (ii) 3215 Clarinda 
Avenue, and (iii) a 14,000 square foot (approx.) parcel lying on the south side of 
Clarinda Avenue 160 feet east of S. Caton Avenue and (b) a second tract 
known as 1421 S. Caton Avenue, in Baltimore City, Maryland, and the con- 
struction of an office building thereon containing approximately 15,000 square 
feet, to be owned by Bernard Goodman, individually, and leased to Micro- 
Comp., Inc., a Maryland corporation, for use in its business as a 
manufacturer's representative in high technology electronics industries, Micro 
Parts, Inc., a Maryland corporation, for use in its business as a distributor of 
high technology electronics parts, and others, for use by such tenants as office 



ORDINANCES 229 

facilities; (b) making certain legislative findings; (c) authorizing and empower- 
ing the City's Board of Finance by one or more resolutions to effectuate the is- 
suance, sale and delivery of any series of such bonds, (d) authorizing the Board 
to adopt one or more supplemental resolutions for certain purposes; (e) 
authorizing the issuance of notes in anticipation of the issuance of such bonds. 

RECITALS 

Article II, sub-section (50) of the Charter of Baltimore City (1964 Revision), as 
amended (hereinafter referred to as "the Enabling Law"), empowers the Mayor 
and City Council of Baltimore (herein referred to as "the City") to borrow money 
to finance undertakings for the accomplishment of any of the purposes, objects 
and powers of the City and in connection therewith to issue bonds, notes or other 
obligations (including refunding bonds, notes or other obligations), all of which 
shall be fully negotiable and payable, as to both principal and interest, solely 
from and secured solely by a pledge of any one or more of (a) the revenues from 
or arising in connection with the property, facilities, developments and im- 
provements whose financing is undertaken by the issuance of such bonds, notes 
or other obligations, (b) the revenues from or arising in connection with any con- 
tracts, mortgages or other securities, purchased or otherwise acquired with the 
proceeds of such bonds, notes or other obligations, or (c) the contracts, mort- 
gages or other securities purchased or otherwise acquired with the proceeds of 
such bonds, notes or other obligations. The purposes, objects and powers of the 
City contemplated by the Enabling Law include the relief of conditions of 
unemployment in the City of Baltimore, Maryland, encouraging the increase of 
industry and a balanced economy therein, promoting economic development 
therein, and promoting the health, welfare and safety of the residents thereof. 

The City has received a letter of intent dated March 9, 1984 (hereinafter re- 
ferred to as "the Letter of Intent") from Bernard (ioodman (hereinafter referred 
to as "the Borrower"), pursuant to which the Borrower has recjuested the City to 
participate in financing the costs of a certain facility in the City of Baltimore, 
Marylanii (hereinafter referred to as "the F^icilily"), by issuing and selling the 
City's revenue bonds in an aggregate principal sum not exceeding $1,000,000 
(hereinafter referred to as "the Bonds"), and by making the proceeds of the 
B«>nds available to the Borrower to be used by it for the purpose of financing the 
costs of its acquisition and completion of the Facility. 

The Facility will consist generally of (a) the acquisition of two tracts of land, 
(i) one 39.000 square foot (approximately) tract containing three parcels known, 
respectively, as (A) 1411 S. Caton Avenue. (B) 3215 Clarinda Avenue, and (C) a 
14,000 sijuare foot (approximately) parcel lying on the soutii side of Clarinda 
Avenue KU) feet east of S. Caton Avenue, and (ii) the secorul tract known as 1421 
S. Caton Avenue, and ci)nlaining approximately 27,000 scjuare feet of land, both 
tracts being located in Baltimore City, Maryland, (b) the construction of certain 
improvements consisting of, among other things, a two-story masonry building 
containing ap|)roximately 15,000 scjuare feet, for use as office facilities, (c) the 
acijuisilion. construction and installation in such iniprovemenls of machinery and 
etjuipment as may be useful or necessary in connection with the improvements, 
and (d) the acc|uisition of such other interests in land (including, by way of exam- 
ple rather than of limitation, roads, rights of access, utilities and other necessary 



230 ORDINANCES Ord. No. 85 

site preparation facilities) as may be necessary or suitable for the foregoing pur- 
poses. The F'acility will be owned by the Borrower and leased to several tenants 
for use as office facilities. The Borrower anticipates that two of such tenants will 
be Micro-Comp., Inc., a Maryland corporation and a manufacturer's repre- 
sentative in high technology electronics industries, and Micro Farts, Inc., a 
Maryland corporation, and a distributor of high technology electronics parts. The 
identities of the other tenants have not yet been determined. 

The Enabling Law provides that the City may authorize and empower the 
City's Board of Finance (herein referred to as "the Board") by resolution to deter- 
mine and set forth the form, terms, provisions, manner or method of issuing 
and selling the Bonds (including one or more negotiated or competitive bid sales), 
the time or times of their issuance, and any and all other details of the Bonds and 
the issuance and sale thereof, and to do any and all things necessary, proper or 
expedient in connection with the issuance and sale of the Bonds. 

NOW, THEREFORE, IN ACCORDANCE WITH THE PROVISIONS OF 
THE ENABLING LAW, 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That, 
acting pursuant to the provisions of the Enabling Law, it is hereby found and 
determined that: 

LI. The City's issuance and sale of the Bonds pursuant to the provisions of the 
Enabling Law in order to make the proceeds thereof available to the Borrower 
for the purpose of financing the costs of acquisition and completion of the Facili- 
ty will facilitate and expedite such acquisition and completion. 

1.2. The Borrower's acquisition and completion of the Facility and the financ- 
ing of the costs thereof as provided in this Ordinance will serve to promote the 
general purposes contemplated by the Enabling Law by (a) sustaining and in- 
creasing jobs and employment in the City of Baltimore, (b) promoting economic 
development therein, (c) encouraging the increase of industry and a balanced 
economy therein, and (d) promoting the health, welfare and safety of the 
residents thereof. 

1.3. The Bonds shall not be general obligations of the City, shall not be a pledge 
of or involve the City's faith and credit or taxing power, and shall not constitute a 
debt of the City, all within the meaning of the provisions of Article XI, section 7 
of the Constitution of Maryland or any other constitutional, statutory or charter 
provision limiting or restricting the sale or issuance of the City's bonds, notes or 
other obligations. The Bonds shall be limited obligations of the City, shall be fully 
negotiable, and shall be payable, as to both prnicipal and interest, st)lely from and 
secured solely by a pledge of any one or more of (a) the revenues from or arising 
in connection with the Facility, (b) the revenues from or arising in connection 
with any contracts, mortgages or other securities purchased or otherwise ac- 
quired with the proceeds of the Bonds, and (c) the contracts, mortgages or other 
securities purchased or otherwise acquired with the proceeds of the Bonds, all as 
the Board may approve by one or more resolutions adopted before the issuance, 
sale and delivery of any the Bonds. 



ORDINANCES 231 

Sec. 2. And be it further ordained, That the City is hereby authorized and em- 
powered to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, its 
economic development revenue bonds in an aggregate principal sum not ex- 
ceeding $1,000,000, subject to the provisions of this Ordinance. The proceeds of 
the Bonds shall be made available to the Borrower under terms and conditions 
approved by the Board and set forth in a resolution, and shall be used by the Bor- 
rower for the purpose of financing the costs of the acquisition and completion of 
the Facility. 

Stc. 3. And be it further ordained, That this Ordinance constitutes the present 
intent of the City to issue the Bonds, and shall also constitute acceptance of the 
Letter of Intent by the City. 

Stc". 4. And be it further ordained. That, as permitted by the Enabling Law, 
the Board is hereby authorized and empowered, by one or more resolutions 
adopted before the issuance, sale and delivery of any of the Bonds, to 

4.1. prescribe, among other things but not limited to, the form, terms, provi- 
sions, manner or method of issuing and selling the Bonds (including one or more 
negotiated or competitive bid sales), the time or times of their issuance, and any 
and all other details of the Bonds and their issuance and sale; 

4.2. approve (a) the City's pledge or assignment of any of the security described 
in the provisions of Section 6 hereof, pursuant to a trust agreement or similar 
agreement, (b) the form of any such trust agreement or similar agreement, as 
provided in the Enabling Law, and (c) such provisions in any such trust agree- 
ment or similar agreement as the Board may deem reasonable and proper for the 
security of the holders of the Bonds; 

4.3. approve the terms and conditions, including but not limited to the terms 
and conditions of any documents to be executed and delivered by the City (other 
than customary financing statements and closing certificates), under which the 
proceeds of the Bonds will be made available to the Borrower to finance the costs 
of the acquisition and completion of the F'acility; and 

4.4. do any and all things necessary, proper or expedient in connection with the 
issuance, sale and delivery of the Bonds. 

Sb:e . 5. And be it further urdaimd. That the Board is hereby authorized and 
empowered to adopt one or more resolutions from time to time, either before or 
after the issuance, sale and delivery of the Bonds, to supplement the resolution 
or resolutions referred to in the provisions of Sections 4 and 8 hereof, and 
thereby to approve amendments or supplements to or substitutes for the forms 
and provisions of the Bonds, such trust agreement or similar agreement and all 
other documents approved by such resolution or resolutions, provided that each 
such supplemental resolution and each such amentimenl, supplement or 
substitute shall be in accordance with the provisions of the Enabling Law and 
this Ordinance. 

Ski . 6. And be it further itrdaiitt-d. That the Bonds shall not be general obliga- 
tions of the City, shall not be a pledge of or involve the CMty's faith and credit or 



232 ORDINANCES Ord. No. 85 

taxing power, and shall not constitute a debt of the City, all within the meaning 
of the provisions of Article XI, section 7 of the Constitution of Maryland or any 
other constitutional, statutory or charter provision limiting or restricting the 
sale or issuance of the City's bonds, notes or other obligations. The Bonds shall be 
limited obligations of the City, shall be fully negotiable, and shall be payable, as 
to both principal and interest, solely from and secured solely by a pledge of any 
one or more of (a) the revenues from or arising in connection with the Facility, (b) 
the revenues from or arising in connection with any contracts, mortgages or 
other securities purchased or otherwise acquired with the proceeds of the Bonds, 
or (c) the contracts, mortgiiges or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, all as the Board may approve by one or more 
resolutions adopted before the issuance, sale and delivery of any of the Bonds. 

Sec. 7. And be it further ordained, That the Bonds shall be executed in the 
City's name and on its behalf by the Mayor of the City (hereinafter referred to as 
"the Mayor"), by his manual or facsimile signature, and by the City's Director of 
Finance, by his manual or facsimile signature, and the City's corporate seal or a 
facsimile thereof shall be impressed or otherwise reproduced thereon and at- 
tested by the Custodian of the City Seal, by his manual signature. The trust 
agreement or similar agreement and all other documents approved by the resolu- 
tion or resolutions referred to in the provisions of Sections 4 and 8 hereof, and 
any and all amendments thereto approved by a resolution referred to in the pro- 
visions of Section 5 hereof, shall be executed in the City's name and on its behalf 
by the Mayor by his manual signature, and the City's corporate seal or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal, by his manual signature. In case any officer whose 
signature or a facsimile thereof shall appear on the Bonds or any of the said 
documents shall cease to be such officer before the delivery of the Bonds or any 
other such document, such signature or such facsimile shall nevertheless be valid 
and sufficient for all purposes, as if such officer had remained in office until 
delivery. The Mayor, the City's Director of Finance, the Custodian of the City 
Seal and other officials of the City are hereby authorized and empowered to do all 
such acts and things and execute such documents and certificates as the Board 
may determine in the resolutions referred to in the provisions of Sections 4, 5 
and 8 hereof to be necessary to carry out and comply with the provisions hereof: 

Sec. 8. A)id be it further ordained, That the authority to issue the Bonds is in- 
tended and shall be deemed to include the authority to issue bond anticipation 
notes pursuant to the provisions of article 31, section 12 of the Annotated Coile 
of Maryland (1976 Replacement Volume and 1982 Cumulative Sup|)lement), as 
amended (hereinafter referred to as "the Note Enabling Law"). Reference in this 
Ordinance to the Bonds shall include such bond anticipation notes where ap- 
propriate. As permitted by the provisions of the Enabling Law and the Note 
Enabling Law, the Board is hereby authorized and empowered, by one or more 
resolutions adopted before the issuance, sale and delivery of any of such bond an- 
ticipation notes, to 

8.1. prescribe, among other things but not limited to, the form, terms, provi- 
sions, manner or method of issuing and selling any such bond anticipation notes 
(including one or more negotiated or com[)etitive bid sales), the time or limes of 



ORDINANCES 233 

their issuance, and any and all other details of such bond anticipation notes and 
their issuance and sale; 

8.2. approve (a) the City's pledge or assignment of any of the security described 
in the provisions of Section 6 hereof, pursuant to a trust agreement or similar 
agreement, (b) the form of any such trust agreement or similar agreement, as 
provided in the Enabling Law or the Note Enabling Law, and (c) such provisions 
in any such trust agreement or similar agreement as the Board may deem 
reasonable and proper for the security of the holders of such bond anticipation 
notes; 

8.3. approve the terms and conditions, including but not limited to the terms 
and conditions of any documents to be executed and delivered by the City (other 
than customary financing statements and closing certificates), under which the 
proceeds of such bond anticipation notes will be made available to the Borrower 
to finance the costs of the acquisition and completion of the Facility; and 

8.4. do any and all things necessary, proper or expedient in connection with the 
issuance, sale and delivery of such bond anticipation notes. 

In accordance with the Note Enabling Law, the City hereby covenants (a) to 
pay any bond anticipation notes issued pursuant to the provisions of this Section, 
and the interest thereon, from the proceeds of the Bonds in anticipation of the 
sale of which such notes are issued, and (b) to issue such Bonds when, and as soon 
as, the reason for deferring the issuance of the Bonds no longer exists. The time- 
ly issuance of such Bonds, however, is dependent upon matters not within the 
City's control, including (without limitation) the existence of a purchaser or pur- 
chasers of such Bonds when the reason for deferring the issuance of the Bonds 
no longer exists, and the effectiveness of various actions taken by the Borrower, 
its officers, agents and employees. 

Sec. 9. And bt it further ordained. That the Borrower shall agree that 

9.1. it will submit any plans and specifications for the Facility to the City's 
Department of Housing and Community Development for approval, and that 
such Department may refuse approval of any such plans and specifications for 
aesthetic or functional reasons; and 

9.2. it and its developers will work with the design aiivisory group appointed by 
such Department to achieve high cjuality site, building aiuJ landscape design. 

Skc. 10. And be it further ordained, That the provisions of this Ordinance are 
severable, and if any provision, sentence, clause, section or part hereof is held il- 
legal, invalid or unconstitutional or inapplicable to any person or circumstance, 
such illegality, invalidity, unconstitutionality or inapplicability shall not affect or 
impair any of the remaining provisions, sentences, clauses, secticiiis or parts of 
this Ordinance or their applicaticui toother persons or circumstances. It is hereby 
declared to l)e the legislative intent that this Ordinance would have been passed 
if such illegal, invalid or unconstitutional provision, sentence, clause, section or 
part had not been included herein, and if the person av circumstances to which 
this Ordinance or any part hereof is inapplicable had been specifically exempted 
herefrom. 



234 ORDINANCES Ord. No. 85 

Sec. 11. And be it further ordained. That either the Bonds or any bond an- 
ticipation notes issued pursuant to the provisions of Section 8 hereof must be 
issued and sold within six (6) months from the date on which this Ordinance is ap- 
proved by the Mayor; provided, that the Board, after a showing of good cause at 
a public hearing held before the Board before or after the expiration of such six- 
month period, may extend the period during which either the Bonds or such bond 
anticipation notes may be issued and sold for one additional term not exceeding 
six (6) months from the date on which the first six-month period expires. The 
Board, in its sole discretion and without action by the City Council of the City, 
shall determine the sufficiency, or lack thereof, of the reasons presented for any 
requested extension of such six-month period. If an extension is granted, notice 
of such extension and the reasons therefor must be sent to the City Council of the 
City. To the extent that neither the Bonds nor such bond anticipation notes are 
issued and sold within twelve (12) months from the date on which this Ordinance 
is approved by the Mayor, the authority provided in this Ordinance for the City 
to issue and sell the Bonds and such bond anticipation notes shall expire. 

Sec. 12. And he it further ordained, That the City Council of the City 
recognizes that pending legislation in the Congress of the United States of 
America may, if enacted, adversely affect the Bonds and accordingly, the Board 
of Finance may in its sole discretion and without action by the City Council of the 
City determine not to issue and sell the Bonds. 

Sec. 13. And be it further ordained, That the issuance and sale of the Bonds 
shall not constitute any representation or warranty that the interest thereon will 
be exempt from federal income taxes. 

Sec. 14. And be it further ordained, That this Ordinance shall take effect from 
the date of its passage. 

Approved June 5, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 235 

No. 86 
(Council No. Ill) 

AN ORDINANCE concerning 

ZONING -APPROVAL FOR CONDITIONAL USE 
PARKING LOT 

FOR the purpose of granting permission for the establishment, maintenance and 
operation of an open off-street parking area on the property located at 
2224-2226 E. Jefferson Street as outlined in red on the plats accompanying 
this ordinance. 

BY authority of 
Article 30 -Zoning 
Sections 4t6-1^ 4.8-lD and 11.0-6d 
Baltimore City Code (1983 Replacement Volume, as amended) 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
permission is hereby granted for the establishment, maintenance and operation 
of an open off-street parking area on the property located at the 2224-2226 E. 
Jefferson Street, as outlined in red on the plats accompanying this ordinance, 
under the provisions of Sections 4. 6- ld 4.8-lD and 11.0-6d of Article 30 of the 
Baltimore City Code (1983 Replacement Volume, as amended) title "Zoning". 

Sec. 2. And he it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development, the 
Supervisor of Assessments for Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall Lake effect thirty 
days from the date of its passage. 

Approved June 7, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



236 ORDINANCES Ord. No. 87 

No. 87 
(Council No. 122) 

AN ORDINANCE concerning 

ZONING -PARKING LOTS ON STADIUM EVENT DAYS 

FOR the purpose of adding to the list of conditional uses which are subject to 
Board approval certain parking lots in Residence Districts, provided the lots 
are accessory uses with space for at least 20 cars and a fee is charged only on 
stadium event days. 

BY adding to 

Article 30 -Zoning 

Chapter 4 -Residence Districts 

Sections 4.0-lc-9A 

Baltimore City Code (1983 Replacement Volume, as amended) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1983 Replacement Volume, as amended) 
be added, repealed, or amended, to read as follows: 

ARTICLE 30 -ZONING 

Chapter 4 -Residence Districts 

4.1 R-1 Single Family Residence District 

4.1-lc Conditional uses. 

9A. Open off-street parking areas 07i stadium event days provided the fol- 
lowing conditions are met: 

(a) the parking area is an accessory use, 

(b) the area will contain a minimum of 20 parked automobiles, and 

(c) a charge is made for parking only on the days on which a public event is tak- 
ing place at Memorial Stadium. 

Sec. 2. And be it further ordained, That this ordinance shall Lake effect thirty 
daya from the date of its passage. 

Approved June 7, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 237 

No. 88 
(Council No. 155) 

AN ORDINANCE concerning 

PLANNED UNIT DEVELOPMENT- 
BELLONA AND MELROSE AVENUES 

FOR the purpose of approving the plan of development of the 5.60 acre tract of 
land, located on the southwest corner of Bellona and Melrose Avenues, and 
shown on the AMENDED development plan accompanying thi? ordinance, 
submitted to the City Council by Meridian Inc., owner of the aforesaid tract of 
land; and to authorize development arid maintenance of the land, as a planned 
development; all pursuant to Sections 12.0-1 and 12.0-2 of Article 30 of the 
Baltimore City Code (1976 Edition, 1983 Replacement Volume), entitled "Zon- 
ing", as enacted by Ordinance No. 1051, approved April 20, 1971, as amended. 

Whereas, on March 1, 1984, Meridian Inc., as owner of the 5.60 acre tract of 
land, located on the southwest corner of Bellona and Melrose Avenues, and 
shown on the AMENDED development plan accompanying this ordinance, met 
with the duly designated officer of the Planning Commission of Baltimore City, 
and held a preliminary conference with such officer, as to and about the scope 
and nature of the proposed planned development on the land, preparatory to of- 
ficial submission to the City Council of a formal application for consideration of 
the planned development on the land, and, thereafter, made formal applicjition to 
the City Council for (i) approval of the plan of development of the land, as shown 
on the AMENDED development plan accompanying this ordinance, entitled 
"Long Green Nursing Home MERIDIAN HEALTHCARE", comprised of Sheet 
1, Site Plan, Sheet 2, Main Floor Plan, Sheet 3, East and West Elevations, and 
Sheet 4, Rear Elevation and Profile Section Thru Property, submitted by Meri- 
dian Inc. with its application, and (ii) authorization to develop and maintain the 
land, as a planned development, in accordance with the approved plan of develop- 
ment, all by ordinance enacted pursuant to Sections 12.0-1 and 12.0-2 of Article 
30 of the Baltimore City Code (1976 Ed., 1983 Rep. Vol.) entitled "Zoning", as 
enacted by Ordinance No. 1051, approved April 20, 1971, as amended. 

NOW, THEREFORE, 

Section \. Be it ordained by the Mayor and City Council of Baltirmyre, That 
the plan of development of the 5.60 acre tract of land, located on the southwest 
corner of Bellona and Melrose Avenues, as shown on the AMENDED develop- 
ment plan accompanying this ordinance, entitled "Long Green Nursing Home 
MERIDIAN HEALTHCARE", comprised of Sheet 1, Site Plan, Sheet 2, Main 
Floor Plan, Sheet 3, East and West Elevations, and Sheet 4, Rear Elevation and 
Profile Section Thru Property, be and the same is hereby approved, and develop- 
ment and maintenance of land, as a planned development, in accordance with the 
approved plan of development, be and the same is hereby authorized, all pur- 
suant to Sections 12.0-1 and 12.0-2 of Article 30 of the Baltimore City Code (1976 
Ed., 1983 Rep. Vol.), entitled "Zoning", as enacted by Ordinance No. 1051, ap- 
proved April 20. 1971, as amended, hereinafter called "Zoning Ordinance", to the 



238 ORDINANCES Ord. No. 89 

end and intent that the approved planned development, hereby established on 
the land, be delineated and designated on Sheet 5 of the Zoning Maps of the Zon- 
ing Ordinance, and that development and maintenance of the land conform to the 
details and specifications of the approved plan of development, as to uses, lot 
area and coverages, yards, building heights, floor area ratios and off-street park- 
ing, in lieu of those otherwise applicable in the R-2 Single-Family Residence 
District in which the land is located, so as to produce a well designed develop- 
ment that will have a beneficial effect upon the health, safety, security and 
general welfare of neighboring areas and the City generally. 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the AMENDED development plan 
which is a part hereof and in order to give notice to the departments which are ad- 
ministering the Zoning Ordinance, the President of the City Council shall sign the 
AMENDED development plan, and when the Mayor approves the ordinance, he 
shall sign the AMENDED development plan. The City Treasurer shall then 
transmit a copy of the ordinance and one of the AMENDED development plans to 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Conununity Development, the Super- 
visor of Assessments for Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved June 7, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 89 
(Council No. 118) 

AN ORDINANCE concerning 

ZONING -PLANNED UNIT DEVELOPMENT 
NORTH CHARLES GENERAL HOSPITAL 

FOR the purpose of approving the application of North Charles General Hos- 
pital to amend the Residential Planned Development approved by Ordinance 
No. 767, approved December 6, 1974, and to approve the amended Develop- 
ment Plan submitted by the applicant. 

BY authority 

Article 30 -Zoning 

Sections 12.0-1 and 12.0-2 

Baltimore City Code (1983 Replacement Volume, as amended) 

Whekeas, By Ordinance No. 767, approved December 6, 1974, the application 
of the North Charles General Hospital to have the property generally hi)unde(l l)y 
North Charles Street on the east, 27th Street on the south, the alley west of Mor- 



ORDINANCES 239 

ton Street on the west, 28th Street on the north, and including the properties 
generally known as 2609-2621 North Charles Street and 2614-2628 North 
Charles Street designated a Residential Planned Development in accordance 
with Sections 12.0-1 and 12.0-2 of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended); and the Development Plan submitted by 
North Charles General Hospital were approved; and 

Whereas, North Charles General Hospital wishes to amend the Development 
Plan approved by Ordinance 767 by constructing a parking garage on lots 5 to 
12, Ward 12, Section 3, Block 3637; and 

Wheke.\s, On August 24, 1983, representatives of North Charles General 
Hospital met with the Director of Planning, the designated officer of the 
Baltimore City Planning Commission to hold a pre-petitions conference to ex- 
plain the scope and nature of the proposed amendment to the Development Plan; 
and 

Whereas, The representatives of North Charles General Hospital hereby 
make formal application to the Baltimore City Council and submit requisite 
amended development plans to include those requirements specified in Sections 
12.0-1 and 12.0-2 of Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended); now, therefore, 

Sectiun 1. Be it ordained by the Mayor and City Council uj Baltimore, That 
the amended Development Plan submitted by North Charles General Hospital at- 
tached hereto and made a part hereof, to amend the Development Plan approved 
by Ordinance 767, approved December 6, 1974, be and it is hereby approved. 

Sec. 2. And be it further ordained. That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the development plans which are 
a part hereof and in order to give notice to the departments which are ad- 
ministering the Zoning Ordinance, the President of the City Council shall sign 
the development plans and when the Mayor approves the ordinance, he shall sign 
the development plans. The Director of Finance shall then transmit a copy of the 
ordinance to the Board of Municipal and Zoning Appeals, the Planning Commis- 
sion, the Super\'isor for Assessments for Baltimore City and the Zonmg Ad- 
ministrator. 

Sec 3. And be it further ordained. That this ordinance shall take effect thi r ty 
daya from the date of its passage. 

Approved June 11, 1984 

WILLIAM DONALD SCHALFER, Mayor. 



240 ORDINANCES Ord. No. 90 

No. 90 
(Council No. 47) 
AN ORDINANCE concerning 

REZONING-EAST LOMBARD STREET BUSINESS AREA 

FOR the purpose of changing the zoning of the following properties: 

(1) 11 Lloyd Street from the B-3-3 to the O-R-4 Zoning District as outlined 
in green on the AMENDED plat accompanying this ordinance; 

(2) 25, 27-35, AND 41 Lloyd Street and th e e aatern portion of 25 Llo yd 
S tr ee t from the R-8 to the O-R-4 Zoning District as outlined in red on the 
AMENDED plat accompanying this ordinance; AND 

(3) the western portion of 1 109 Watson Street from the M-1-3 to the O-R-4 
Zoning District as outlined in blue on the AMENDED plat accompanying this 
ordinance;, and 

(4) th e w e stern portion of 25 Lloyd Street from th e R - 8 to th e O - R - 4 - r Zo n- 
ing District as outlin e d in y e llow on th e plat accompanying this ordinanc e . 

BY amending Zoning District Maps 
Sheet No. 56 
Article 30 -Zoning 
Baltimore City Code (1983 Replacement Volume) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
Sheet No. 56 of the Zoning District Maps of Article 30 of the Baltimore City Code 
(1983 Replacement Volume), title "Zoning" be and it is hereby amended by 
changing the zoning of the following properties: 

(1) 11 Lloyd Street from the B-3-3 to the O-R-4 Zoning District as outlined 
in green on the AMENDED plat accompanying this ordinance; 

(2) 25, 27-35, AND 41 Lloyd Street and th e e ast e rn portion of 25 Lloyd 
S tr ee t from the R-8 to the O-R-4 Zoning District as outlined in red on the 
AMENDED plat accompanying this ordinance; AND 

(3) the western portion of 1109 Watson Street from the M-1-3 to the O-R-4 
Zoning District as outlined in blue on the AMENDED plat accompanying this 
ordinance;, and 

(4) the w e stern portion of 25 Lloyd S tr ee t from th e R - 8 to th e Q - R - 4 - P Zo n- 
ing District as outlin e d in y e l l ow on th e plat accompanying ihia ordinanc e . 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the AMENDED plat which is part 
hereof and in order to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council shall sign the 
AMENDED plat, and when the Mayor approves the ordinance he shall sign the 
AMENDED plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of AMENDED plats to the following: the Board of Municipal 
and Zoning Appeals, the Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development, and the Zoning Administrator. 



ORDINANCES 241 

Sec. 3. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved June 14, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 91 
(Council No. 69) 

AN ORDINANCE concerning 

URBAN RENEWAL -EAST LOMBARD STREET BUSINESS AREA- 
AMENDMENT 2 TO THE URBAN RENEWAL PLAN 

FOR the purpose of amending the Urban Renewal Plan for the East Lombard 
Street Business Area to, among other things, (1) revise an objective for the 
East Lombard Street Business Area; (2) provid e for th e acquisition of a por - 
tion of th e b e d of Wataon Str ee t for urban r e n e wal purpos e s; ( 3) (2) modify the 
lot lines AND/OR LAND USES of certain existing development parcels and 
create certain A new development parc e ls PARCEL ; {4) (3) create a new Office- 
Residential land use category; (6) (4) make certain land use changes; (6) (5) 
recommend zoning district changes and provide that the approval of Amend- 
ment 2 shall not be construed as an enactment of said changes; (6) REVISE 
CERTAIN REGULATIONS APPLICABLE TO ALL LAND TO BE AC- 
QUIRED; (7) prohibit sandblasting as a means of cleaning masonry facades 
with certain exceptions; (8) revise the provisions regarding "Signs" and 
"Period of Compliance"; (9) provide a penalty for violation of these provisions 
of Sandblasting, Signs, and Period of Compliance; (10) waive such re- 
quirements, if any, as to content or procedure for the preparation, adoption 
and approval of renewal plans as set forth in Article 13 of the Baltimore City 
Code (1983 Replacement Volume) which the Urban Renewal Plan for the East 
Lombard Street Business Area may not meet; (1 1) provide for the separability 
of the various parts and applications of this ordinance; (12) provide that where 
the provisions of this ordinance shall conflict with any other ordinance, code or 
regulation in force in the City of Baltimore, the provision which establishes the 
higher standard shall prevail; and (13) provide for an effective date hereof. 

Where.as, an Urban Renewal Plan for the East Lombard Street Business Area 

was first approved by the Mayor and City Council of Baltimore by Ordinance No. 
942, dated June 30, 1975, and amended by Ordinance No. 178, dated Novem- 
ber 18, 1976; and 

Whekeas, pursuant to Article 13 of the Baltimore City Code (1983 Replace- 
ment Volume), no substantial change or changes shall be made in any renewal 
plan, after approval by ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in said Article 13 for the 
approval of a renewal plan, namely the preparation of such change or changes by 
the Department of Housing and Community Development, the approval of such 



242 ORDINANCES Ord. No. 91 

change or changes by the Director of the Department of Planning, and approval 
and adoption by an ordinance of the Mayor and City Council of Baltimore after a 
public hearing in relation thereto, all in the manner set forth in said Article 13; 
and 

Whereas, it is necessary to amend the Urban Renewal Plan for the East Lom- 
bard Street Business Area to make certain changes to implement the plans for a 
Jewish Heritage Center as well as to, among other things, include provisions 
relating to sandblasting of masonry facades, provide for a waiver by the Commis- 
sioner of the Department of Housing and Community Development of certain 
Rehabilitation Standards if the proposed improvements do not adversely affect 
the objectives for the East Lombard Street Business Area, and remove restric- 
tions regarding content of signs in compliance with a recent U.S. District Court 
decision; and 

Whekeas, extensive changes in the Urban Renewal Plan make it infeasible to 
make line-by-line changes; therefore, the Department of Housing and Communi- 
ty Development has prepared an amended Urban Renewal Plan for the East 
Lombard Street Business Area, revised to include Amendment 2, dated Jan- 
uary 3, 1984 AND REVISED MARCH 22, 1984; and 

Whereas, said amended Urban Renewal Plan for the East Lombard Street 
Business Area has been approved by the Director of the Department of Planning 
with respect to its conformity as to the Master Plan, the detailed location of any 
public improvements proposed in the amended Renewal Plan, its conformity to 
the rules and regulations for subdivision, and all zoning changes proposed in the 
amended Renewal Plan; and said amended Renewal Plan has been approved and 
recommended to the Mayor and City Council of Baltimore by the Commissioner 
of the Department of Housing and Community Development; now, therefore, 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
the amended Urban Renewal Plan for the East Lombard Street Business Area, 
identified as "Urban Renewal Plan, East Lombard Street Business 
Area . . . revised to include Amendment No. 2, dated January 3, 1984 AND 
REVISED MARCH 22, 1984," is hereby approved and the Clerk of the City 
Council is hereby directed to file a copy of said amended Urban Renewal Plan 
with the Department of Legislative References as a permanent public record and 
make the same available for public inspection and information. 

Sec. 2. And be it further ordained, That the revised obj e ctiv e OBJECTIVES 
for the East Lombard Street Business Area relating to preserving and enhanc- 
ing the historic and cultural heritage of the area by creating an appropriate set- 
ting for the two historic synagogues as contained in the amended Urban Renewal 
Plan in Se ction SECTIONS A.2. AND E.3. is hereby approved. 

B ec. 3. And b e it furthe r o r dauied, That th e cloaing of that portion of Watson 
S tr ee t which li e s 100 f ee t, more or leaa, northca3terly from Lloyd Str e et and ita 
acquisition for urban r e newal purpoaca ia her e by approv e d provid e d that t he 
nec e aaary atr ee t opening and cloaing ordinancea for thia portion of WaUjon 
S tr ee t ar e approved by the Mayor and City Council of Baltimor e . 



ORDINANCES 243 

Sec. 4 3. And be it further (/rdained, That the boundaries AND/OR LAND 
USES of certain existing public development parcels shall be modified and A new 
development parc e ls PARCEL for Office-Residential and Public Right - of - Way 
use shall be created, all as shown in the amended Urban Renewal Plan on Exhibit 
3, Land Disposition Map, dated as revised January 3, 1984 MARCH 22, 1984. 

Sec. & 4. And be it further ordained, That a new land use category, Office- 
Residential, shall be created in which uses shall be limited to churches, temples, 
synagogues, museums, PARKS/PLAZAS, and accessory uses as shown in the 
amended Urban Renewal Plan is Section B.2.a.(l) and on Exhibit 1, Land Use 
Plan, dated as revised January 3, 1984 MARCH 22, 1984, are hereby approved. 

Sec. 6 5. And be it further ordained, That the proposed land use changes shown 
in the amended Urban Renewal Plan in Section B.2.a. and on Exhibit 1, Land Use 
Plan, dated as revised January 3, 1984 MARCH 22, 1984, are hereby approved. 

SEC. 6. AND BE IT FURTHER ORDAINED, THAT THE PROPOSED 
REVISIONS TO THE REGULATIONS AND CONTROLS APPLICABLE TO 
ALL LAND AND PROPERTY TO BE ACQUIRED AS CONTAINED IN THE 
AMENDED URBAN RENEWAL PLAN IN SECTION B.2.B. ARE HEREBY 
APPROVED. 

Sec. 7. And be it further ordained. That the approval of Amendment No. 2 to 
the Urban Renewal Plan for the East Lombard Street Business Area shall not be 
constructed as an enactment of the amendments to the Zoning Ordinance of 
Baltimore City that are shown in the amended Urban Renewal Plan on Exhibit 4, 
Zoning Districts, dated as revised January 3, 1964 MARCH 22, 1^84. 

Sec. 8. And be it further ordained, That cleaning of masonry facades by means 
of sandblasting shall not be permitted in the East Lombard Street Business Area 
except where sandblasting is determined by the Commissioner of the Depart- 
ment of Housing and Community Development to be the only feasible means of 
surface cleaning of masonry and where, in his opinion, it will not cause damage to 
historic building materials. 

Sec. 9. And be it further ordained, That the sign provisions set forth in the 
amended Urban Renewal Plan under Section C.3.g. shall be revised. Therefore, 
line 21 on page 8 through line 20 on page 10 of Section 4 of Ordinance 178, ap- 
proved November 18, 1976, are hereby amended to read as follows: 

"(4) Signs 

(1) (No signs other than those identifying the property where they are installed 
or identifying the use conducted therein shall be permitted. Advertising by 
material or product manufacturers and suppliers shall not be permitted except as 
primary identification of an establishment.] 

All lighting and electrical elements such as wires, conduits, junction boxes, 
transformers, ballasts, switches and panel boxes shall be concealed from view as 
much as possible. 



244 ORDINANCES Ord. No. 91 

(2) Flat signs shall be placed parallel to the building face and shall not project 
more than 12" from the surface of the building and shall not exceed in area three 
times the width in feet of the frontage of the building. In the case of corner prop- 
erties, each facade is to be calculated separately as to size allowed for each. Flat 
signs shall be placed no higher than the bottom of the second story window where 
windows exist or 13 feet above grade level, whichever is lower. Lettering applied 
to ground floor show windows or entrance doors shall not exceed two and one- 
half (2 V2) inches in height. [, and the text limited to identification of the business.] 
Signs identifying the occupant shall be permitted at the rear entrance doors but 
shall not exceed six square feet in size, except where authorized by the Depart- 
ment of Housing and Community Development. 

(3) Marquees shall not be permitted on any portion of any building, other than 
theaters in operation. 

(4) Painted signs on building surfaces or use of separate cutout letters shall be 
permitted in accordance with the above limits for flat signs. 

(5) Non-illuminated secondary signs [shall be permitted for the identification of 
commercial tenants occupying the upper floors of a building. Such signs] shall not 
exceed two (2) square feet in area and shall not project more than one inch 
beyond the surface of the building, nor shall they be placed higher than 13 feet 
above grade level. 

(6) Roof top signs, above the parapet of a building, billboards, or outdoor adver- 
tising signs painted or mounted on structures other than billboards, except as 
otherwise herein provided, shall not be permitted. 

(7) Painted or inlaid signs on cloth awnings are permitted. 

(8) Flashing or moving signs other than barber poles shall not be permitted. 

(9) All signs not conforming to the above regulations shall be removed within 
two years from the date of enactment of Ordinance 178, dated November 18, 
1976 except billboards larger than sixty square feet, which shall be removed 
within five years. No lease for such billboards expiring after date of enactment of 
Ordinance 178, dated November 18, 1976 shall be renewed. Future minor 
privilege permits for signs shall be issued only for those signs meeting project 
design criteria. 

(10) No private signs shall be permitted except as herein provided or as other- 
wise authorized by the Department of Housing and Community Development for 
temporary purposes not exceeding thirty days." 

Sec. 10. And be it further ordained, That the Period of Compliance provisions 
set forth in the amended Renewal Plan under Section C.3.h. shall be revised. 
Therefore, line 21 through line 33 on page 10 of Section 4 of Ordinance 178, ap- 
proved November 18, 1976, are hereby amended to read as follows: 

"h. Period of Compliance 

To the extent that rehabilitation requirements for commercial uses are 
specifically applicable to the East Lombard Street Business Area and are not 



ORDINANCES 245 

generally required elsewhere, the work necessary to meet such requirements 
shall be undertaken within two (2) years from the approval of Ordinance 178, 
dated November 18, 1976. No work alterations or improvements shall be under- 
taken after enactment Ordinance 178, dated November 18, 1976 which do not 
conform with the requirements herein. However, the Commissioner of the 
Department of Housing and Community Development may waive compliance 
with one or more of these staiulards provided that the proposed improvements do 
not adversely affect the objectives of the East Lombard Street Business Area. 

Nothing herein shall be constructed to permit any sign, construction, 
alteration, change, repair, use or any other matter otherwise forbidden or 
restricted or controlled by any other public law." 

Sec. II. And be t7/ur//ierordai/i<?(i, That any person guilty of violating the pro- 
visions contained in Sections 8, 9 and 10 of this ordinance shall be guilty of a 
misdemeanor and shall be subject to a fine not exceeding One Hundred Dollars 
($100.00) and that each day's violation shall constitute a separate offense. 

Sec. 12. And be it further ordained, That in whatever respect, if any, the 
amended Renewal Plan approved hereby for the East Lombard Street Business 
Area may not meet the requirements as to the content of a Renewal Plan or the 
procedures for the preparation, adoption, and approval of renewal plans, as pro- 
vided in Article 13 of the Baltimore City Code (1983 Replacement Volume), the 
said requirements are hereby waived and the amended Renewal Plan approved 
hereby is exempted therefrom. 

Sec. 13. And be it further ordained. That in the event it be judicially deter- 
mined that any word, phrase, clause, sentence, paragraph, section or part in or of 
this ordinance or the application thereof to any person or circumstances is in- 
valid, the remaining provisions and the application of such provisions to other 
persons or circumstances shall not be affected thereby, the Mayor and City 
Council hereby declaring that they would have ordained the remaining provisions 
of this ordinance without the word, phrase, clause, sentence, paragraph, section 
or part or the application thereof so held invalid. 

Sec. 14. And be it further ordained, That in any case where a provision of this 
ordinance concerns the same subject matter as an existing provision of any zon- 
ing, building, electrical, plumbing, health, fire or safety ordinance or code or 
regulation, the applicable provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions are found to be in ir- 
reconcilable conflict, the provision which establishes the higher standard for the 
promotion of the public health and safety shall prevail. In any case where a provi- 
sion of this ordinance is found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the C'ity of Baltimore which 
establishes a lower standard for the promotion of the public health and safety, 
the provision of this ordinance shall prevail, and the other existing provision of 
such other ordinance or code or regulation is hereby repealed to the extent that it 
may be found in conflict with this ordinance. 



246 ORDINANCES Ord. No. 92 

Sec. \5.And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 



Approved June 14, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 92 
(Council No. 8) 

AN ORDINANCE concerning 

REZONING-423 S. EDEN STREET 

FOR the purpose of changing the zoning for the property known as 423 S. Eden 
Street from the M-2-2 Zoning District to the B-1-1 Zoning District as outlined 
in red on the plats accompanying this ordinance. 

By amending Zoning District Maps 
Sheet No. 56 
Article 30 -Zoning 
Baltimore City Code (1983 Replacement Volume) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
Sheet No. 56 of the Zoning District Maps of Article 30 of the Baltimore City Code 
(1983 Replacement Volume) title "Zoning" be and it is hereby amended by chang- 
ing from the M-2-2 Zoning District to the B-1-1 Zoning District the property 
known as 423 S. Eden Street as outlined in red on the plats accompanying this 
ordinance. 

Sec. 2. And be it further ordained. That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development, and the 
Zoning Administrator. 

Sec. 3. And be it further ordained. That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved June 15, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



ORDINANCES 247 

No. 93 
(Council No. 34) 
AN ORDINANCE concerning 

REZONING -2501-2515 BOSTON STREET 

FOR the purpose of changing the zoning for a portion of the properties l^nown as 
2501-2515 Boston Street from the M-3 Zoning District to the B-2-3 Zoning 
District as outhned in red on the AMENDED plats accompanying this 
ordinance. 

By amending Zoning District Maps 
Sheet No. 67 
Article 30 -Zoning 
Baltimore City Code (1983 Replacement Volume) 

Section 1. Be it ardained by the Mayor and City Council of Baltimore, That 
Sheet No. 67 of the Zoning District Maps of Article 30 of the Baltimore City Code 
(1983 Replacement Volume) title "Zoning" be and it is hereby amended by chang- 
ing from the M-3 Zoning District to the B - 3 - 2 B-2-3 Zoning District a portion of 
the properties known as 2501-2515 Boston Street as outlined in red on the 
AMENDED plats accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development, and the 
Zoning Administrator. 

Sec. 3. And be it further ordained. That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved June 15, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



248 ORDINANCES Ord. No. 94 

No. 94 
(Council No. 185) 

AN ORDINANCE concerning 

REZONING- NORTHWEST CORNER OF FAIRMOUNT AVENUE 
AND BROADWAY 

FOR the purpose of changing the zoning for the property located at the north- 
west corner of Fairmount Avenue and Broadway from the R-10 Zoning 
District to the O-R-4 Zoning District as outlined in red on the plats accompany- 
ing this ordinance. 

BY amending Zoning District Maps 
Sheet No. 57 
Article 30 -Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
Sheet No. 57 of the Zoning District Maps of Article 30 of the Baltimore City Code 
(1983 Replacement Volume, as amended) title "Zoning" be and it is hereby 
amended by changing from the R-10 Zoning District to the O-R-4 Zoning District 
the property located at the northwest corner of Fairmount Avenue and Broad- 
way as outlined in red on the plats accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development, the 
Supervisor of Assessments for Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved June 15, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



ORDINANCES 249 

No. 95 
(Council No. 236) 
AN ORDINANCE concerning 

BOND ISSUE -CITY JAIL LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur- 
suant to Resolution X of 1984 approved by the members of the General 
Assembly of Maryland representing Baltimore City), to issue and sell its cer- 
tificates of indebtedness to an amount not exceeding Two Million Eive Hun- 
dred Thousand Dollars ($2,500,000.00), the proceeds derived from the sale of 
the same to be used for the cost of issuance, including the expense of engrav- 
ing, printing, advertising, attorneys' fees, and all other incidental expenses 
connected therewith, and the remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal means, of land or 
property, or any rights therein, in the City of Baltimore, and constructing and 
erercting on said land or property now or hereafter owned or controlled by the 
Mayor and City Council of Baltimore new City Jail buildings, structures or 
facilities and for additions and improvements to, or the reconstruction of, ex- 
isting City Jail buildings, structures or facilities, and for the reconstruction, 
renovation, modernization or improvement of any buildings, structures or 
facilities now or hereafter owned or controlled by the Mayor and City Council 
of Baltimore to be used or now being used for or in connection with the opera- 
tions, functions and activities of the City Jail, and for acquiring and installing 
equipment for any and all buildings, structures or facilities authorized to be 
constructed, erected, improved, renovated, reconstructed, or modernized 
under the provisons hereof; and for doing any and all things necessary, proper 
or expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned; conferring and imposing upon the Board of 
Finance of Baltimore City certain powers and duties; authorizing the submis- 
sion of this Ordinance to the legal voters of the City of Baltimore, for their ap- 
proval or disapproval, at the General Election to be held in Baltimore City on 
Tuesday, the 6th day of November, 1984; and providing for the expenditure of 
the proceeds of sale of said certificates of indebtedness in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and by 
the Municipal Agency designated in the annual Ordinance of Estimates of the 
Mayor and City Council of Baltimore. 

Whlkeas, by Resolution X of 1984 approved by the Members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and sell its certificates of 
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not 
exceeding Two Million Five Hundred Thousand Dollars ($2,500,000.00) in the 
manner and upon the terms set forth in said Resolution, the proceeds thereof, 
not exceeding the par value of said certificates of indebtedness, to be used for 
City Jail purposes, as authorized by said Resolution; and 

Whlke.as, Funds are now needed for said purposes; therefore 

Suction 1. Be it ordained by the Mayor and City Coiuicil of Baltimore, That 
the Mayor and City Council of Baltimore, acting by and through the Board of 



250 ORDINANCES Ord. No. 95 

Finance of said municipality, be and it is hereby authorized and empowered to 
issue bonds of the Mayor and City Council of Baltimore to an amount not ex- 
ceeding Two Million Five Hundred Thousand Dollars ($2,500,000.00), from time 
to time, as the same may be needed or required for the purposes hereinafter 
named and said bonds shall be sold by said Board of Finance from time to time 
and at such times as shall be requisite, and the proceeds derived from the sale of 
said bonds shall be used for the purposes hereinafter named, provided that this 
Ordinance shall not become effective unless it shall be approved by a majority of 
the votes of the legal voters of Baltimore City cast at the time and place 
hereinafter designated by this Ordinance. 

Sec. 2. And be it further ordained, That: 

(a) Said bonds shall be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars 
($1,000.00). or any suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in accordance with a serial 
maturity plan so worked out as to discharge the entire principal amount 
represented thereby within not more than forty (40) years from the date of their 
issuance; provided, however, that it shall not be necessary to provide for the 
maturity of any part of the principal amount represented by any of said bonds for 
the first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such rate or rates as may be 
determined by a majority of the Board of F^inance by resolution at such time or 
times when any of said bonds are issued, and such interest shall be payable semi- 
annually. 

Sec. 3. And be it further ordained, That a majority of the Board of Finance of 
the Mayor and City Council of Baltimore be, and they are hereby, authorized to 
pass a resolution or resolutions, from time to time, to determine and set forth 
any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City Council of 
Baltimore at any particular time, and from time to time, under and pursuant to 
the provisions of this ordinance; the date or dates when any bonds representing 
said debt, or any part thereof, are to mature, and the amount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid date or dates; 
and the semi-annual dates in each year, during the entire period of time when any 
of said bonds are outstanding, when interest on any of said bonds shall be 
payable. 

(b) The form or forms of the bonds representing the debt, or any part thereof, 
authorized to be issued under the provisions of this ordinance at any particular 
time, including any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, for the issuance of 
fully registered bonds; the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the conversion and reconver- 
sion into coupon bonds of any fully registered bonds or coupon bonds registered 
as to principal; the place or places for the payment of principal and interest of 



ORDINANCES 251 

said bonds; and the date of said bonds issued at any particular time, and the right 
of redemption of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisement of the readiness of 
the Board of Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of such bids; the 
time, place, and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale and 
sold at the same time as other bonds of said City, to establish the conditions for 
bids and awards and to award all of said bonds on an all or none basis; and the 
time, place, terms and manner of settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued and sold 
pursuant to the provisions of this Ordinance shall be applied first to defray the 
cost of issuance thereof and the balance, if any, shall be applied to the payment of 
interest on any of said bonds becoming due and payable during the fiscal year in 
which said bonds are issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the bonds 
issued and sold pursuant thereto and their transfer, and the principal and in- 
terest payable thereon (including any profit made in the sale thereof), shall be 
and remain exempt from any and all State, county and municipal taxation in the 
State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this Ordinance shall 
be sold at public sale to the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, shall have the right to reject any or all 
bids therefor for any reason, and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds be offered at private sale 
they shall be offered for sale and sold for not less than par and accrued interest. 

Stc. b.And be it further ordained, That until all of the interest on and principal 
of any bonds issued pursuant to the provisions of this Ordinance have been paid 
in full, the Mayor and City Council of Baltimore shall levy and impose an annual 
tax on each One Hundred Dollars ($100.00) of assessable property in the City of 
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin- 
cipal of all bonds theretofore issued and outstanding or authorized to be issued 
and outstanding, payable in the next succeeding year. 

Sec. 6. And be it further ordained. That this Ordinance shall be submitted to 
the legal voters of the City of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore City, on Tuesday, the 6th day of 
November, 1984. 

Sec. 7. And be it further ordained, That prior to the date of the election 
hereinbefore mentioned, notice shall be given to the public of the amount of 
money which the Mayor and City Council of Baltimore is authorized to borrow, 
and the general purposes for which such borrowed funds may be expended. 



252 ORDINANCES Ord. No. 95 

under the terms and provisions of this Ordinance, and the time when the election 
hereinbefore mentioned is to be held; and such pubhc notice shall be given in such 
manner and by such means or through such media and at such time or times as 
may be determined, from time to time, by a majority of the Board of Finance. 

Sec. 8. And be it further ordained, That the actual cash proceeds derived from 
the sale of the bonds authorized to be issued under the provisions of this 
Ordinance, not exceeding the par value thereof, shall be used exclusively for the 
following purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the premiums realized 
from the sale, if any, for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other incidental expenses con- 
nected therewith; and 

(b) The remainder of such proceeds shall be used for the acquisitions, by pur- 
chase, condemnation or any other legal means, of land or property, or any rights 
therein, in the City of Baltimore, and constructing and erecting on said land or 
property now or hereafter owned or controlled by the Mayor and City Council of 
Baltimore new City Jail buildings, structures or facilities and for additions and 
improvements to, or the reconstruction of, existing City Jail buildings, struc- 
tures or facilities, and for the reconstruction, renovation, modernization or im- 
provement of any buildings, structures or facilities now or hereafter owned or 
controlled by the Mayor and City Council of Baltimore to be used or now being 
used for or in connection with the operations, functions and activities of the City 
Jail; and for acquiring and installing equipment for any and all buildings, struc- 
tures or facilities authorized to be constructed, erected, improved, renovated, 
reconstructed, or modernized under the provisions hereof; and for doing any and 
all things necessary, proper or expedient in connection with or pertaining to any 
or all of the matters or things hereinbefore mentioned. 

Sec. 9. And be it further ordained, That the expenditure of the proceeds de- 
rived from the sale of the bonds authorized to be issued under the provisions of 
this Ordinance shall be in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency desigriated in 
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore. 

Approved June 15, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 253 

No. 96 
(Council No. 252) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION -PARKING FACILITY 

TO BE LOCATED NEAR THE CORNER OF PRATT AND 

CALVERT STREETS 

FOR the purpose of providing a supplementary special fund appropriation in the 
maximum amount of Twenty S ev e n EIGHT Million Five Hundred Thousand 
Dollars ( $27,500,000 $28,500,000) to the Off-Street Parking Commission to be 
used for the purpose of establishing, constructing, erecting, altering, expand- 
ing, enlarging, improving, equipping, repairing, maintaining, operating, con- 
trolling and regulating off-street parking facilities to be located on a parcel of 
land bounded by Pratt Street, Calvert Street, Lombard Street and South 
Street in Baltimore City. 

BY authority of 

Article VI -Board of Estimates 

Section 2(hX3) 

Baltimore City Charter (1964 Revision, as amended) 

RECITALS 

Article XI -C, Section 3, of the Constitution of the State of Maryland, Article II, 
subsection (20Xc), of the Charter of Baltimore City, 1964 Revision, as amended, 
and Ordinance No. 998 (Bill No. 1602), passed by the City Council on June 30, 
1983 and approved by the Mayor on June 30, 1983 (the "Ordinance"), provide for 
the issuance from time to time by Mayor and City Council of Baltimore (the 
"City") of its revenue bonds, notes or other obligations (including bond anticipa- 
tion notes) for the purpose of providing off-street parking facilities within the 
geographical limits of the City. 

The money appropriated by this Ordinance represents the proceeds from the 
sale of a series of such bonds, notes or other obligations (the "Bonds") in the 
maximum principal amount of $27,500,000 $28,500,000 to be made available to 
the City on the date of issuance of the Bonds. 

The sum appropriated by this Ordinance is for a new program which could not 
reasonably be anticipated at the time of formulation of the proposed Ordinance 
of Estimates for the 1984 fiscal year, in accordance with Article VI, Section 
2(hX3). of said Charter. 

The supplementary special fund appropriation made available by this Ordi- 
nance has been recommended to the City Council by the Board of Estimates at a 
regular meeting of said Board, all in accordance with Article VI, Section 2(hX3), 
of the Baltimore City Charter (1964 Revision, as amended). 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That, 
under the provisions of Article VI, Section 2(hX3), of the 1964 Revision of the 



254 ORDINANCES Ord. No. 96 

Charter of Baltimore City, the sum of up to Twenty Seven EIGHT Million Five 
Hundred Thousand Dollars ( $27,500,000 $28,500,000) shall be made available to 
the Off-Street Parking Commission of the City of Baltimore as a supplementary 
special fund appropriation for the fiscal year ending June 30, 1984 for the pur- 
pose of establishing, constructing, erecting, altering, expanding, enlarging, im- 
proving, equipping, repairing, maintaining, operating, controlling and regulating 
certain off-street parking facilities to be located on a parcel of land bounded by 
Pratt Street, Calvert Street, Lombard Street and South Street in Baltimore City 
and consisting (by way of general description and not limitation) of a multi-level 
parking facility containing approximately 1,200 parking spaces, including 
(without limitation) any interests in land necessary or desirable for such facility 
(the "Facilities"). The exact amount to be made available to the Off-Street Park- 
ing Commission pursuant to this Ordinance shall be equal to the aggregate prin- 
cipal amount of the Bonds issued by the City, acting through the Board of 
Finance in accordance with the Ordinance, in order to finance the Facilities and 
provide for such other costs in connection with the Facilities or the issuance, sale 
and delivery of the Bonds as the Board of Finance may determine in accordance 
with the Ordinance. The Bonds shall not be sold and issued, and such amounts 
shall not be made available, until an ordinance has been passed by the City 
amending the Ordinance to provide that the maximum aggregate principal 
amount of Revenue Obligations (as such term is defined in the Ordinance) 
authorized to be issued, sold and delivered thereunder is at least Fifty Seven 
Million Five Hundred Thousand Dollars ($57,500,000). The amount made 
available hereunder as a supplementry special fund appropriation shall be ex- 
pended from the proceeds of the sale of the Bonds received by the City on the 
date of issuance of the Bonds; and said amount shall be the source of revenue for 
the supplementary special fund appropriation, as required by Article VI, Section 
2, of the Baltimore City Charter (1964 Revision, as amended). 

Sec. 2. And be it further ordained. That this ordinance shall take effect from 
the date of its passage. 

Approved June 15, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



ORDINANCES 255 

No. 97 
(Council No. 311) 

AN ORDINANCE concerning 

ISSUANCE OF CONSOLIDATED BOND ANTICIPATION NOTES 

FOR the purpose of amending the provisions of Ordinance 937, approved May 5, 
1983 to increase the nnaximum amount of Consolidated Bond Anticipation 
Notes that can be outstanding at one time. 

BY repealing and reordaining with amendments 
Ordinance 937 

Approved by the Mayor: May 5, 1983 
The purpose paragraph of the Title and Section 2 

Whereas, Ordinance 633, approved May 7, 1982, provided for the authoriza- 
tion and issuance by the Mayor and City Council of Consolidated Bond Anticipa- 
tion Notes and Consolidated Bond Anticipation Refunding Notes in order to use 
the proceeds io)r the stated public purposes; and 

Whereas, Ordinance 937, approved May 5, 1983, amended Ordinance 633 of 

1982 by adding the loan authorizations that were approved by the voters in the 
general election held November 4, 1982; and 

Whereas, Ordinance 69, approved May 14, 1984, amended Ordinance 937 of 

1983 by adding loan authorizations approved by the voters on November 8, 1983; 
and 

Whereas, This ordinance increases the maximum amount of Consolidated 
Bond Authorization Notes that can be outstanding at one time; now, therefore, 

Sectio.n 1. Be it ordained by the Mayor and City Council of Baltimore, That 
Ordinance 937 of the Mayor and City Council of Baltimore, entitled "Issuance of 
Consolidated Bond Anticipation Notes", and approved by the Mayor on May 5, 
1983, be and it is repealed and reordained to read as follows: 

"AN ORDINANCE concerning 

ISSUANCE OF CONSOLIDATED BOND ANTICIPATION NOTES 

FOR the purpose of authorizing and providing for the issuance, from time to time 
by the Mayor and City Council of Baltimore (the "City") of its bond anticipation 
notes, designated "Consolidated Bond Anticipation Notes," and its bond an- 
ticipation refunding notes, designated "Consolidated Bond Anticipation 
Refunding Notes," in an aggregate principal amount not exceeding that per- 
mitted by the Bond Acts (defined below), but not outstanding at any one time 
in excess of [fifty million dollars ($50,000,000)) seventy-five million dollars 
($75,000,000) pursuant to the provisions of Sections 12 and 24 of Article 31 of 
the Annotated Code of Maryland (1976 Replacement Volume and 1981 
Cumulative Supplement) and in accordance with the general obligation bond 



256 ORDINANCES Ord. No. 97 

authority set forth in (i) Chapter 140 of the Laws of Maryland of 1972, and 
Ordinance No. 110 of the City, approved by the Mayor on June 29, 1972, (ii) 
Chapter 467 of the Laws of Maryland of 1975, and Ordinance No. 74 of the 
City approved by the Mayor on June 16, 1976, (iii) Chapter 16 of the Laws of 
Maryland of 1980, and Ordinance No. 81 of the City approved by the Mayor on 
June 9, 1980, (iv) Chapter 12 of the Laws of Maryland of 1982, and Ordinance 
677 of the City, approved by the Mayor on June 23, 1982, (v) Chapter 348 of 
the Laws of Maryland of 1975, and Ordinance 900 of the City, approved by the 
Mayor on June 13, 1975, (vi) Chapter 209 of the Laws of Maryland of 1976, 
and Ordinance No. 76 of the City, approved by the Mayor on June 16, 1976, 
(vii) Chapter 7 of the Laws of Maryland of 1982, and Ordinance 678 of the 
City, approved by the Mayor on June 23, 1982, (viii) Chapter 8 of the Laws of 
Maryland of 1982, and Ordinance 680 of the City, approved by the Mayor on 
June 23, 1982, (ix) Chapter 560 of the Laws of Maryland of 1968, and 
Ordinance No. 151 of the City, approved by the Mayor on June 28, 1968, (x) 
Chapter 9 of the Laws of Maryland of 1982, and Ordinance 679 of the City ap- 
proved by the Mayor on June 23, 1982, (xi) Chapter 9 of the Laws of Maryland 
of 1979, and Ordinance No. 1031, approved by the Mayor on May 24, 1979, 
(xii) Chapter 134 of the Laws of Maryland of 1980, and Ordinance No. 82 of 
the City, approved by the Mayor on June 9, 1980, (xiii) Chapter 15 of the Laws 
of Maryland of 1979, and Ordinance No. 1037 of the City, approved by the 
Mayor on May 24, 1979, (xiv) Chapter 35 of the Laws of Maryland of 1980, and 
Ordinance No. 93 of the City, approved by the Mayor on June 12, 1980, (xv) 
Chapter 16 of the Laws of Maryland of 1979, and Ordinance No. 1038 of the 
City, approved by the Mayor on May 24, 1979, (xvi) Chapter 10 of the Laws of 
Maryland of 1982, and Ordinance 729 of the City, approved by the Mayor on 
June 29, 1982, (xvii) Chapter 130 of the Laws of Maryland of 1978, and 
Ordinance No. 791 of the City, approved by the Mayor on June 26, 1978, (xviii) 
Chapter 17 of the Laws of Maryland of 1979, and Ordinance No. 1039 of the 
City, approved by the Mayor on May 24, 1979, (xix) Chapter 14 of the Laws of 
Maryland of 1980, and Ordinance No. 83 of the City, approved by the Mayor 
on June 9, 1980, (xx) Chapter 13 of the Laws of Maryland of 1982, and 
Ordinance No. 730 of the City, approved by the Mayor on June 29, 1982, (xxi) 
Chapter 20 of the Laws of Maryland of 1980, and Ordinance No. 79 of the City, 
approved by the Mayor on June 9, 1980, (xxii) Chapter 463 of the Laws of 
Maryland of 1975, and Ordinance No. 899 of the City, approved by the Mayor 
on June 13, 1975, (xxiii) Chapter 11 of the Laws of Maryland of 1979, and 
Ordinance No. 1033 of the City, approved by the Mayor on May 24, 1979, 
(xxiv) Chapter 17 of the Laws of Maryland of 1980, and Ordinance No. 76 of 
the City, approved by the Mayor on June 9, 1980, (xxv) Chapter 14 of the 
Laws of Maryland of 1979, and Ordinance No. 1036 of the City, approved by 
the Mayor on May 24, 1979, (xxvi) Chapter 18 of the Laws of Maryland of 
1980, and Ordinance No. 80 of the City, approved by the Mayor on June 9, 
1980, (xxvii) Chapter 11 of the Laws of Maryland of 1982, and Ordinance No. 
681 of the City, approved by the Mayor on June 23, 1982, (xxviii) Chapter 15 of 
the Laws of Maryland of 1980, and Ordinance No. 75 of the City, approved by 
the Mayor on June 9, 1980, (xxix) Chapter 6 of the Laws of Maryland of 1982, 
and Ordinance No. 728 of the City, approved by the Mayor on June 9, 1982, 
(xxx) Chapter 128 of the Laws of Maryland of 1971. and Ordinance No. 1098 of 



ORDINANCES 257 

the City, approved by the Mayor on June 29, 1971, and (xxxi) Chapter 73 of 
the Laws of Maryland of 1978 and Ordinance No. 785 of the City, approved by 
the Mayor on June 26, 1978, (the "Bond Acts") in order to use the proceeds for 
the public purposes of (a) funding the purposes or uses set forth in the Bond 
Acts; (b) funding up to twelve (12) months capitalized interest on the notes 
(unless a longer period is allowed by law, in which case funding such interest 
up to the period permitted by law); (c) refunding and refinancing such notes as 
they mature or are redeemed; and (d) paying the costs of issuance of such 
notes; authorizing the use of obligations in the nature of commercial paper or 
demand notes and letters of credit or related instruments; prescribing the 
form and tenor of the notes and determining certain other matters relating to 
the issuance and sale thereof; providing that certain matters pertaining to the 
notes, including (without limitation) the amounts and dates of any series, 
maturity or maturities, method of competitive sale, if any, interest rate or 
rates, redemption provisions, if any, and the period, if any, during which in- 
terest will be capitalized, shall be determined administratively at or prior to 
the time of the sale of any series of such notes by resolution of the Board of 
Finance of the City; providing for the private (negotiated) sale of such notes 
or, upon certain findings and determinations by the Board of Finance, for the 
competitive sale of all or part of such notes; providing for the disbursement of 
the proceeds of such notes; providing for the payment of such notes from 
refunding notes or from the first proceeds of bonds to be issued on the full 
faith and credit of the City in an amount necessary, together with any other 
available funds, to provide for the payment of the principal of and interest on 
such notes at maturity; convenanting to issue general obligation bonds when, 
and as soon as, the reason for deferring the issuance thereof no longer exists; 
covenanting (in the event general obligation bonds are not issued to pay the 
principal of and interest on the notes when due) to levy and collect all taxes 
necessary to provide for the payment of the principal of and interest on such 
notes; providing that the proceeds of such notes, or any monies which may be 
deemed to be proceeds, will not be used in a manner which would cause such 
notes to be arbitrage notes; authorizing the Board of Finance and the Director 
of Finance to make certain alterations in the form and tenor of the notes upon 
certain conditions; providing that the Board of Finance may determine by 
resolution or other appropriate action certain other matters pertaining to the 
issuance, sale or delivery of any series of such notes; and generally relating to 
the issuance, sale, and delivery and payment of all such notes. 

Sec. 2. And be it further ordained, That the issuance, sale and delivery of an 
amount not exceeding that permitted by the Bond Anticipation Note Act, the 
Refunding Bond Enabling Act and the Bond Acts, but not outstanding at any 
one time in excess of (fifty million dollars ($50,000,000)] seventy-five rnillicm 
dollars ($75,000,000), aggregate principal amount of notes or refunding notes, 
hereby designated "Consolidated Bond Anticipation Notes" or "Consolidated 
Bond Anticipation Refunding Notes" (the "Notes") is hereby authorized, sub- 
ject to the provisions of this Ordinance. The Notes may be issued in one or 
more series, and each such series shall be identified by a designation by year 
and by letter so that, for example, the first series (if issued in 1982 and if the 



258 ORDINANCES Ord. No. 98 

issuance of more than one series of notes hereunder is then contemplated) 
shall be designated "Consolidated Bond Anticipation Notes- 1982 Series A". 
The aggregate principal amount of Notes to be issued pursuant to this 
ordinance at any one time shall be determined by the Board of Finance by 
resolution adopted prior to the delivery of the Notes." 

Sec. 2. And be it further ordained, That, the provisions of this Ordinance are 
severable, and if any provision, sentence, clause, section or part hereof is held il- 
legal, invalid or unconstitutional or inapplicable to any person or circumstances 
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect 
or impair any of the remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or its application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this Ordinance would have been 
adopted if such illegal, invalid or unconstitutional provision, sentence, clause, 
section or part had not been included herein, and if the person or circumstances 
to which this Ordinance or any part thereof is inapplicable had been specifically 
exempted herefrom. 

Sec. 3. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 

Approved June 18, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



No. 98 
(Council No. 225) 

AN ORDINANCE concerning 

BOND ISSUE -ECONOMIC DEVELOPMENT LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore (Pur- 
suant to Resolution XI of 1984 approved by the Members of the General 
Assembly of Maryland representating Baltimore City), to issue and sell its cer- 
tificates of indebtedness to an amount not exceeding Nine Million Five Hun- 
dred Thousand Dollars ($9,500,000.00), the proceeds derived from the sale of 
the same to be used for the cost of issuance, including the expense of engrav- 
ing, printing, advertising, attorney's fees, and all other incidental expenses 
connected therewith, and the remainder of such proceeds shall be used for or 
in connection with planning, developing, executing, and making operative the 
commercial and industrial economic development program of the Mayor and 
City Council of Baltimore, including, but not limited to, the acquisition, by pur- 
chase, lease, condemnation or any other legal means, of land or property, or 
any right, interest, franchise, easement or privilege therein, in the City of 
Baltimore; the payment of any and all costs and expenses incurred in connec- 
tion with or incidental to the acquisition and management of said land or prop- 



ORDINANCES 259 

erty, including any and all rights or interest therein hereinbefore mentioned; 
the payment of any and all costs and expenses incurred for or in connection 
with relocating and moving persons or other legal entities displaced by the ac- 
quisition of said land or property, or any of the rights or interests therein 
hereinbefore mentioned; the development, or redevelopment, including, but 
not limited to, the comprehensive renovation or rehabilitation of any land or 
property, or any rights or interests therein hereinbefore mentioned, in the 
City of Baltimore, and the disposition of land and property for such purposes; 
the elimination of unhealthful, unsanitary or unsafe conditions, lessening 
denisty, eliminating obsolete or other uses detrimental to the public welfare or 
otherwise removing or preventing the spread of blight or deterioration in the 
City of Baltimore; the demolition, removal, relocation, renovation or altera- 
tion of land, buildings, streets, highways, alleys, utilities or services, and other 
structures or improvements, and for the construction, reconstruction, installa- 
tion, relocation or repair of buildings, streets, highways, alleys, utilities or 
services, and other structures or improvements; the planning, developing, ex- 
ecuting, and making operative the enterprise development program of the 
Mayor and City Council of Baltimore, for purposes of making equity in- 
vestments in, and loans and loan guarantees to, enterprises, including any in- 
dividual, partnership, corporation, joint venture, or other entity, carrying on 
business, or proposing to carry on business within the City of Baltimore, to be 
used for or in connection with the financing, developing, operating and ad- 
ministering of such enterprises; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the things herein men- 
tioned, including, but not limited to, the costs and expenses of securing ad- 
ministrative, appraisal, economic analysis, engineering, planning, designing, 
architectural, surveying, and other professional services; and doing any and all 
things necessary, proper or expedient in connection with or pertaining to any 
or all of the matters or things hereinbefore mentioned; lirniting th e us e of th e 
p r oceeda of th e sal e of th e bunds to e xp e tftjitur e s for capita l itup r ov e m e nt proj - 
e cls having an e stimat e d s e rvi ce lif e of not l e ss than fift ee n (15) y e ars, and 
p r oviding that such proc ee ds shall not b e us e d for curr e nt op er ating e xp e ns e s 
of th e City; conferring and imposing upon the Board of Finance of Baltimore 
City certain powers and duties; authorizing the submission of th s Ordinance 
to the legal voters of the City of Baltimore, for their approval or disapproval, 
at the General Election to be held in Baltimore City on Tuesday, the 6th day of 
November, 1984 and providing for the expenditure of the proceeds of sale of 
said certificates of indebtedness in accordance with the provisions of the 
Charter of the Mayor and City Council of Baltimore, and by the municipal 
agency designated in the annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Whereas, by Resolution XI of 1984 of the Members of the General Assembly 
of Maryland representing Baltimore City, the Mayor and City Council of 
Baltimore is authorized to create a debt and to issue and sell its certificates of in- 
debtedness (hereinafter called '"bonds") as evidence thereof, to an amount not ex- 
ceeding Nine Million Five Hundred Thousand Dollars ($9,500,000.00) in the man- 
ner and upon the terms set forth in said Resolution, the proceeds thereof, not ex- 
ceeding the par value of said certificates of indebtedness, to be used for or in con- 
nection with the commercial and industrial Economic Development Program of 
the City of Baltimore; and 



260 ORDINANCES Ord. No. 98 

Whereas, Funds are now needed for said purposes; therefore 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
the Mayor and City Council of Baltimore, acting by and through the Board of 
Finance of said municipaHty, be and it is hereby authorized and empowered to 
issue bonds of the Mayor and City Council of Baltimore to an amount not ex- 
ceeding Nine Million Five Hundred Thousand Dollars ($9,500,000.00), from time 
to time, as the same may be needed or required for the purposes hereinafter 
named and said bonds shall be sold by said Board of Finance from time to time 
and at such times as shall be requisite, and the proceeds derived from the sale of 
said bonds shall be used for the purposes hereinafter named, provided that this 
Ordinance shall not become effective unless it shall be approved by a majority of 
the votes of the legal voters of Baltimore City cast at the time and place 
hereinafter designated by this Ordinance. 

Sec. 2, And be it further ordained, That: 

(a) Said bonds shall be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars 
($1,000.00), or any suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in accordance with a serial 
maturity plan so worked out as to discharge the entire principal amount 
represented thereby within not more than forty (40) years from the date of their 
issuance; provided, however, that it shall not be necessary to provide for the 
maturity of any part of the principal amount represented by any of said bonds for 
the first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such rate or rates as may be 
determined by a majority of the Board of Finance by resolution at such time or 
times when any of said bonds are issued, and such interest shall be payable semi- 
annually. 

Sec. 3. And be it further ordained, That a majority of the Board of Finance of 
the Mayor and City Council of Baltimore be, and they are hereby, authorized to 
pass a resolution or resolutions, from time to time, to determine and set forth 
any or all of the follov\ing: 

(a) The amount of debt to be incurred by the Mayor and City Council of 
Baltimore at any particular time, and from time to time, under and pursuant to 
the provisions of this ordinance; the date or dates when any bonds representing 
said debt, or any part thereof, are to mature, and the amount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid date or dates; 
and the semi-annual dates in each year, during the entire period of time when any 
of said bonds are outstanding, when interest on any of said bonds shall be 
payable. 

(b) The form or forms of the bonds representing the debt, or any part thereof, 
authorized to be issued under the provisions of this ordinance at any particular 
time, including any interest coupons to be attached thereto; the provisions, if 



ORDINANCES 261 

any, for the issuance of coupon bonds; the provisions, if any, for the issuance of 
fully registered bonds; the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the conversion and reconver- 
sion into coupon bonds of any fully registered bonds or coupon bonds registered 
as to principal; the place or places for the payment of principal and interest of 
said bonds; and the date of said bonds issued at any particular time, and the right 
of redemption of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisement of the readiness of 
the Board of Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of such bids; the 
time, place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale and 
sold at the same time as other bonds of said City, to establish the conditions for 
bids and awards and to award all of said bonds on an all or none basis; and the 
time, place, terms and manner of settlement for the bonds so bid for. 

Stc. 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued and sold 
pursuant to the provisions of this Ordinance shall be applied first to defray the 
cost of issuance thereof and the balance, if any, shall be applied to the payment of 
interest on any of said bonds becoming due and payable during the fiscal year in 
which said bonds are issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the bonds 
issued and sold pursuant thereto and their transfer, and the principal and in- 
terest payable thereon (including any profit made in the sale thereof), shall be 
and remain exempt from any and all State, county and municipal taxation in the 
State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this Ordinance shall 
be sold at public sale to the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, shall have the right to reject any or all 
bids therefor for any reason, and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds be offered at private sale 
they shall be offered for sale and sold for not less than par and accrued interest. 

Skc. 5. And be it further ordained, That until all of the interest on and principal 
of any bonds issued pursuant to the provisions of this Ordinance have been paid 
in full, the Mayor and City Council of Baltimore shall levy and impose an annual 
tax on each One Hundred Dollars ($100.00) of assessable property in the City of 
Baltimore at a rale sufficient to produce revenue to pay all interest on and prin- 
cipal of all bonds theretofore issued and outstanding or authorized to be issued 
and outstanding, payable in the next succeeding year. 

Stc . 6. And be it further ordained. That this Ordinance shall be submitted to 
the legal voters of the City of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore City, on Tuesday, the 6th day of 
November. 1984. 



262 ORDINANCES Ord. No. 98 

Sec. 7. And be it further ordained, That prior to the date of the election 
hereinbefore mentioned, notice shall be given to the public of the amount of 
money which the Mayor and City Council of Baltimore is authorized to borrow, 
and the general purposes for which such borrowed funds may be expended, 
under the terms and provisions of this Ordinance, and the time when the election 
hereinbefore mentioned is to be held; and such public notice shall be given in such 
manner and by such means or through such media and at such time or times as 
may be determined, from time to time, by a majority of the Board of Finance. 

Sec. 8. And be it further ordained. That the actual cash proceeds derived from 
the sale of the bonds authorized to be issued under the provisions of this 
Ordinance, not exceeding the par value thereof, shall be used exclusively for the 
following purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the premiums realized 
from the sale, if any, for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other incidental expenses con- 
nected therewith; and 

(b) The remainder of such proceeds shall be used for or in connection with plan- 
ning, developing, executing and making operative the commercial and industrial 
Economic Development Program of the Mayor and City Council of Baltimore, in- 
cluding, but not limited to: 

(i) The acquisition, by purchase, lease, condemnation, or any other legal 
means, of land or property, or any right, interest, franchise, easement or 
privilege therein, in the City of Baltimore; 

(ii) The payment of any and all costs and expenses incurred in connection 
with or incidental to the acquisition and management of said land or property, in- 
cluding any and all rights or interest therein hereinbefore mentioned; 

(iii) The payment of any and all costs and expenses incurred for or in con- 
nection with relocating and moving persons or other legal entities displaced by 
the acquisition of said land or property, or any of the rights or interests therein 
hereinbefore mentioned; 

(iv) The development or redevelopment, including, but not limited to, the 
comprehensive renovation or rehabilitation of any land or property, or any rights 
or interests therein hereinbefore mentioned, in the City of Baltimore, and the 
disposition of land and property for such purposes; 

(v) The elimination of unhealthfuJ, unsanitary or unsafe conditions, lessen- 
ing density, eliminating obsolete or other uses detrimental to the public welfare 
or otherwise removing or preventing the spread of blight or deterioration in the 
City of Baltimore; 

(vi) The demolition, removal, relocation, renovation or alteration of land, 
buildings, streets, highways, alleys, utilities or services, and other structures or 
improvements, and for the construction, reconstruction, installation, relocation 
or repair of buildings, streets, highways, alleys, utilities or services, and other 
structures or improvements; 



ORDINANCES 263 

(vii) The planning, developing, executing, and making operative the enter- 
prise development program of the Mayor and City Council of Baltimore, for pur- 
poses of making equity investments in, and loans and loan guarantees to, enter- 
prises, including any individual, partnership, corporation, joint venture, or other 
entity, carrying on business, or proposing to carry on business within the City of 
Baltimore, to be used for or in connection with the financing, developing, 
operating and administering of such enterprises. 

(viii) The payment of any and all costs and expenses incurred for or in con- 
nection with doing any or all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, architectural, surveying 
and other professional services; and 

(ix) Doing any and all things necessary, proper or expedient in connection 
with or pertaining to any or all of the matters or things hereinbefore mentioned. 

All of such land or property shall be acquired, developed, redeveloped, 
renovated, rehabilitated, altered, improved, held or disposed of, as provided by 
law. 

(c) Th e us e of the proc ee da of th e sal e of th e bonds shall b e limit e d to e xp e ndi - 
tur e s fu r cap i tal improv e m e nt proj t? ct3 having an e stimat e d s e rvic e lif e of not 
l e ss than fift ee n (15) y e ars, and providing that such proc ee ds shall not b e us e d for 
curr e nt op e rating e xp e ns e s of th e City. 

Sec. 9. And be it further ordained, That the expenditure of the proceeds de- 
rived from the sale of the bonds authorized to be issued under the provisions of 
this Ordinance shall be in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency desigiiated in 
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore. 

Approved June 19, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



264 ORDINANCES Ord. No. 99 

No. 99 
(Council No. 226) 

AN ORDINANCE concerning 

BOND ISSUE-MUSEUM LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur- 
suant to Resolution VIII of 1984 of the Members of the General Assembly of 
Maryland representing Baltimore City), to issue and sell its certificates of in- 
debtedness to an amount not exceeding Four Million Nine Hundred Thousand 
Dollars ($4,900,000.00), the proceeds derived from the sale of the same to be 
used for the cost of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental expenses connected 
therewith, and the remainder of such proceeds shall be used for the acquisi- 
tion, by purchase, condemnation, or any other legal means, of land or proper- 
ty, or any rights therein, in the City of Baltimore, and for constructing and 
erecting, on said land or property, or on any land or property now or hereafter 
owned by the Mayor and City Council of Baltimore, or on any land or property 
now or hereafter owned or controlled by any private, public or quasi-public 
corporation, partnership, association, person or other legal entity, new 
buildings, structures, or other auxiliary facilities to be or now being used for or 
in connection with the operations, functions and activities of the Baltimore 
Museum of Art, the Walters Art Gallery, the Science Center and the Municipal 
(Peale) Museum, and for additions and improvements to, and the renovation, 
rehabilitation, modernization, and reconstruction of the Baltimore Museum of 
Art, the Walters Art Gallery, the Science Center and the Municipal (Peale) 
Museum; and for acquiring and installing equipment for any and all buildings, 
structures or facilities authorized to be constructed, erected, improved, 
renovated or modernized under the provisions hereof, and for doing any and 
all things necessary, proper or expedient in connection with or pertaining to 
any and all of the matters or things hereinbefore mentioned including, but not 
limited to, the costs of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural surveying, and other profes- 
sional services; to confer and impose upon the Board of Finance of Baltimore 
City certain powers and duties; to authorize the submission of this Ordinance 
to the legal voters of the City of Baltimore, for their approval or disapproval, 
at the General Election to be held in Baltimore City on Tuesday, the 6th day of 
November, 1984 and providing for the expenditure of the proceeds of sale of 
said certificates of indebtedness in accordance with the provisions of the 
Charter of the Mayor and City Council of Baltimore, and by the municipal 
agency designated in the annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Whekeas, by Resolution VIII of 1984 approved by the Members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and sell its certificates of 
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not 
exceeding Four Million Nine Hundred Thousand Dollars ($4,900,000.00) in the 



ORDINANCES 265 

manner and upon the terms set forth in said Resolution, the net cash proceeds 
derived from the sale of said bonds, not exceeding the par value of said bonds, to 
be used for Museum purposes as authorized by said Resolution; and 

Whereas, Funds are now needed for said purposes; therefore 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
the Mayor and City Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby authorized and empowered to 
issue bonds of the Mayor and City Council of Baltimore to an amount not ex- 
ceeding Four Million Nine Hundred Thousand Dollars ($4,900,000.00), from time 
to time, as the same may be needed or required for the purposes hereinafter 
named and said bonds shall be sold by said Board of Finance from time to time 
and at such times as shall be requisite, and the proceeds derived from t^e sale of 
said bonds shall be used for the purposes hereinafter named, provided that this 
Ordinance shall not become effective unless it shall be approved by a majority of 
the votes of the legal voters of Baltimore City cast at the time and place 
hereinafter designated by this Ordinance. 

Sec. 2. And be it further ordained, That: 

(a) Said bonds shall be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars 
($1,000.00). or any suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in accordance with a serial 
maturity plan so worked out as to discharge the entire principal amount 
represented thereby within not more than forty (40) years from the date of their 
issuance; provided, however, that it shall not be necessary to provide for the 
maturity of any part of the principal amount represented by any of said bonds for 
the first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such rate or rates as may be 
determined by a majority of the Board of Finance by resolution at such time or 
times when any of said bonds are issued, and such interest shall be payable semi- 
annually. 

Sec. 3. And be it further ordained, That a majority of the Board of Finance of 
the Mayor and City Council of Baltimore be, and they are hereby, authorized to 
pass a resolution or resolutions, from time to lime, to determine and set forth 
any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City Council of 
Baltimore at any particular time, and from lime to time, under and pursuant to 
the provisions of this Ordinance; the date or daces when any bonds representing 
said debt, or any part thereof, are to mature, and the amount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid date or dates; 
and the semi-annual dates in each year, during the entire period of time when any 
of said bonds are outstanding, when interest on any of said bonds shall be 
payable. 



266 ORDINANCES Ord. No. 99 

(b) The form or forms of the bonds representing the debt, or any part thereof, 
authorized to be issued under the provisions of this Ordinance at any particular 
time, including any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, for the issuance of 
fully registered bonds; the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the conversion and reconver- 
sion into coupon bonds of any fully registered bonds or coupon bonds registered 
as to principal; the place or places for the payment of principal and interest of 
said bonds; and the date of said bonds issued at any particular time, and the right 
of redemption of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisement of the readiness of 
the Board of Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of such bids; the 
time, place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale and 
sold at the same time as other bonds of said City, to establish the conditions for 
bids and awards and to award all of said bonds on an all or none basis; and the 
time, place, terms and manner of settlement for the bonds so bid for. 

Sec, 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued and sold 
pursuant to the provisions of this Ordinance shall be applied first to defray the 
cost of issuance thereof and the balance, if any, shall be applied to the payment of 
interest on any of said bonds becoming due and payable during the fiscal year in 
which said bonds are issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the bonds 
issued and sold pursuant thereto and their transfer, and the principal and in- 
terest payable thereon (including any profit made in the sale thereof), shall be 
and remain exempt from any and all State, county and municipal taxation in the 
State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this Ordinance shall 
be sold at public sale to the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, shall have the right to reject any or all 
bids therefor for any reason, and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds be offered at private sale 
they shall be offered for sale and sold for not less than par and accrued interest. 

Sec. 5. Ayid be it further ordained, That until all of the interest on and principal 
of any bonds issued pursuant to the provisions of this Ordinance have been paid 
in full, the Mayor and City Council of Baltimore shall levy and impose an annual 
tax on each One Hundred Dollars ($100.00) of assessable property in the City of 
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin- 
cipal of all bonds theretofore issued and outstanding or authorized to be issued 
and outstanding, payable in the next succeeding year. 

Sec. 6. And be it further ordained, That this Ordinance shall be submitted to 
the legal voters of the City of Baltimore, for their approval or disapproval, at the 



ORDINANCES 267 

General Election to be held in Baltimore City, on Tuesday, the 6th day of 
November, 1984. 

Sec. 7. And be it further ordained, That prior to the date of the election 
hereinbefore mentioned, notice shall be given to the public of the amount of 
money which the Mayor and City Council of Baltimore is authorized to borrow, 
and the general purposes for which such borrowed funds may be expended, 
under the terms and provisions of this Ordinance, and the time when the election 
hereinbefore mentioned is to be held; and such public notice shall be given in such 
manner and by such means or through such media and at such time or times as 
may be determined, from time to time, by a majority of the Board of Finance. 

Sec. 8. And be it further ordained, That the actual cash proceeds derived from 
the sale of the bonds authorized to be issued under the provisions of this 
Ordinance, not exceeding the par value thereof, shall be used exclusively for the 
following purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the premiums realized 
from the sale, if any, for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other incidental expenses con- 
nected therewith; and 

(b) The remainder of such proceeds shall be used for the acquisition, by pur- 
chase, condemnation or any other legal means, of land or property, or any rights 
therein, in the City of Baltimore, and for constructing and erecting, on said land 
or property, or on any land or property now or hereafter owned by the Mayor 
and City Council of Baltimore, or on any land or property now or hereafter 
owned or controlled by any private, public or quasi-public corporation, partner- 
ship, association, person or other legal entity, new buildings, structures, or other 
auxiliary facilities to be or now being used for or in connection with the opera- 
tions, functions and activities of the Baltimore Museum of Art, the Walters Art 
Gallery, the Science Center and the Municipal (Peale) Museum, and for additions 
and improvements to, and the renovation, rehabilitation, modernization, and 
reconstruction of the Baltimore Museum of Art, the Walters Art Gallery, the 
Science Center and the Municipal (Peale) Museum; and for acquiring and install- 
ing equipment for any and all buildings, structures or facilities authorized to be 
constructed, erected, improved, renovated or modernized under the provisions 
hereof, and for doing any and all things necessary, proper or expedient in connec- 
tion with or pertaining to any and all of the matters or things hereinbefore men- 
tioned including, but not limited to, the costs of securing administrative, ap- 
praisal, economic analysis, engineering, planning, designing, architectural 
surveying, and other professional services. 

Sec. 9. And be it further ordained, That the expenditure of the pr(x.'eeds de- 
rived from the sale of the bonds authorized to be issued under the provisions of 
this Ordinance shall be in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency designated in 
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore. 

Approved June 19. 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



268 ORDINANCES Ord. No. 100 

No. 100 

(Council No. 250) 

AN ORDINANCE concerning 

URBAN RENEWAL-MARKET CENTER WEST- 
URBAN RENEWAL PLAN 

FOR the purpose of deleting a tract of land from the Orchard-Biddle Urban 
Renewal Area, designating it as Market Center West, and approving a 
Renewal Plan for Market Center West, generally bounded by Franklin Street 
on the north, Martin Luther King, Jr. Boulevard on the west, Baltimore and 
Fayette Streets on the south, and Greene and Paca Streets on the east, to 
among other things, authorize the acquisition of certain properties by pur- 
chase or by condemnation; designate permitted land uses; provide for review 
and approval of all plans for construction/rehabilitationychange in use by the 
Department of Housing and Community Development; establish procedures 
for the issuance and denial of demolition permits; establish property 
rehabilitation standards; establish deadlines for compliance with and penalties 
for violating these property rehabilitation standards; prohibit discrimination 
in the sale, lease, use or occupancy of property by developers; approve regula- 
tions applicable to land to be acquired by the City; create certain disposition 
lots; waive such requirements, if any, as to content or procedure for the 
preparation, adoption and approval of Renewal Plans as set forth in Article 13 
of the Baltimore City Code which the Renewal Plan for Market Center West 
may not meet; provide for the separability of the various parts and applica- 
tions of this Ordinance; provide that where the provisions of this Ordinance 
shall conflict with any other public laws, the provision which establishes the 
higher standard shall prevail; and provide for the effective date hereof. 

Whereas, it is necessary and desirable to delete the southern portion from the 
Orchard-Biddle Urban Renewal Area, said portion being generally bounded by 
Franklin Street on the north, Martin Luther King, Jr. Boulevard on the west, 
Baltimore and Fayette Streets on the south, and Greene and Paca Streets on the 
east and to designate this area as a separate Urban Renewal Project to be known 
as "Market Center West"; and 

Whereas, under Article 13 of the Baltimore City Code (1983 Replacement 
Volume), the Department of Housing and Community Development is authorized 
to prepare and administer renewal plans in renewal areas; and 

Whereas, the Department of Housing and Community Development has 
prepared a Renewal Plan for Market Center West, consisting of a cover page, a 
table of contents, fourteen (14) pages of text, an Appendix containing Property 
Rehabilitation Standards, and seven (7) exhibits; and 

Whereas, the Renewal Plan for Market Center West was approved by the 
Director of the Department of Planning with respect to its conformity as to the 
Master Plan, the detailed location of any public improvements proposed in the 
Renewal Plan, its conformity to the rules and regulations for subdivisions, and its 
conformity to existing zoning classifications; and the Renewal Plan was ap- 



ORDINANCES 269 

proved and recommended to the Mayor and City Council of Baltimore by the 
Commissioner of the Department of Housing and Community Development; 
now, therefore;-. 

Beotiun 1. B e it ordained by Ikt Mayo r and City Council ofBallimor t , That it 
13 h e r e by found and d e t e rmin e d that th e h ere inb e low mo re particular l y d e scrib e d 
ar e a, b e d e leted from th e Qr c hard - Biddl e Urban R e n e wal Ar e a, and from th e e f - 
f e ct of th e r e lat e d R e n e wal Plan, aa e stablish e d und e r Ordinanc e No. 100 6 , ap - 
p r ov e d May 17, 1071, aa am e nd e d; and said h e r e inb e low tract of land ia h e r e by 
d e sig r iat ed a s " Mark e t C e nt e r W e st" and subj e ct e d to th e Urban R e n e wal Plan 
aa e stablish e d by ttiis Ordinanc e: 

SECTION I.BEIT ORDAINED BY THE AM YOR AND CITY COUNCIL OF 
BALTIMORE, THAT THE TRACT OF LAND MORE PARTICULARLY 
DESCRIBED BELOW BE AND IS HEREBY DELETED FROM THE 
ORCHARD-BIDDLE URBAN RENEWAL AREA, AND FROM THE EF- 
FECT OF THE RELATED ORCHARD-BIDDLE URBAN RENEWAL PLAN, 
APPROVED IN ORDINANCE NO. 1066, APPROVED MAY 17, 1971, AS 
AMENDED; AND SAID TRACT OF LAND SHALL BE AND IS HEREBY 
DESIGNATED "MARKET CENTER WEST URBAN RENEWAL AREA", 
AND IS HEREBY SUBJECT TO THE MARKET CENTER WEST URBAN 
RENEWAL PLAN APPROVED IN THIS ORDINANCE. THE MARKET 
CENTER WEST URBAN RENEWAL ARE/^ IS MORE PARTICULARLY 
DESCRIBED AS FOLLOWS: 

Beginning for the same at the point formed by the intersection of the east 
side of Paca Street, as now laid out 80 feet wide, and the south side of Franklin 
Street, as now laid out 66 feet wide, thence binding on the east side of said 
Paca Street, southerly 743 feet, more or less, to intersect the south side of 
Saratoga Street, as now laid out 66 feet wide, thence binding on the south side 
of said Saratoga Street, westerly 392 feet, more or less, to intersect the east 
side of Greene Street, as now laid out 66 feet wide, thence binding on the east 
side of said Greene Street, southerly 850 feet, more or less, to intersect the 
center line of Fayette Street, as now laid out 66 feet wide, thence binding on 
the center line of said Fayette Street, westerly 300 feet, more or less, to in- 
tersect the west side of Pearl Street, as now laid out 62 feet wide, thence bind- 
ing on the west side of said Pearl Street, northerly 296 feet, more or less, to in- 
tersect the north side of the parcel known as 132 Pearl Street, thence binding 
on the north side of the parcel known as 132 Pearl Street, westerly 38 feet, 
more or less, to intersect the west side of a parcel known as 619 Lexington 
Street, thence binding on the west side of the parcel known as 619 Lexington 
Street northerly to intersect the north side of a 3-foot alley which lies 52 feet 
from the south side of Lexington Street, thence binding on the north side of 
said 3-foot alley westerly 125 feet, more or less, to intersect the west side of 
Arch Street, as now laid out 20 feet wide, thence binding on the west side of 
said Arch Street southerly 100 feet, more or less, to interseci. the north side of 
Vine Street, as now laid out 36 feet wide, thence binding on the north side of 
said Vine Street westerly 505 feet, more or less, to intersect the west side of 
Pine Street, as now laid out 50 feet wide, thence binding on the west side of 
said Pine Street southerly 650 feet, more or less, to intersect the south side of 
Baltimore Street, as now laid out 70 feet wide, thence binding on the south 



270 ORDINANCES Ord. No. 100 

side of said Baltimore Street westerly 480 feet, more or less, to intersect the 
west side of Martin Luther King, Jr. Boulevard right-of-way line, thence bind- 
ing on the west side of said Martin Luther King, Jr. Boulevard right-of- 
way line northerly 2090 feet, more or less, to intersect the south side of Franklin 
Street, as now laid out 66 feet wide, thence binding on the south side of said 
Franklin Street easterly 1620 feet, more or less, to the point cf beginning. 

Sec. 2. And be it further ordained, That the Urban Renewal Plan, identified as 
"Urban Renewal Plan ,-^-, Market Center West", is hereby approved and the 
Clerk of the City Council is hereby directed to file a copy of said Renewal Plan 
with the Department of Legislative Reference as permanent public record and to 
make the same available for public inspection and information. 

Sec 3. And be it further ordained, That it is necessary to acquire by purchase 
or by condemnation, for urban renewal purposes, the fee simple interest or any 
lesser interest in and to the following properties or portions thereof, together 
with all right, title, interest and estate that the owrier or owners of said property 
interests may have in all streets, alleys, ways or lanes, public or private, both 
abutting the whole area described andVor contained within the perimeter of said 
area, situate in Baltimore City, Maryland, and described as follows: 

6 12 W. Fay e tte S tr ee t 
6 14 W. Fayett e Str ee t 
6 1 6 W. Fay e tte S tr ee t 

234 Pearl Street 
236 Pearl Street 

Sec. 4. And be it further ordained, That it may be necessary to acquire by pur- 
chase or by condemnation, for urban renewal purposes, the fee simple interest or 
any lesser interest in and to such properties or portions thereof together with all 
right, title, interest, and estate that the owner or owners of said property in- 
terests may have in all streets, alleys, ways, or lanes, public or private, both abut- 
ting the whole area described andyor contained within the perimeter of said area, 
not specifically designated for acquisition, as may be deemed necessary and prop- 
er by the Commissioner of the Department of Housing and Community Develop- 
ment to effect the proper implementation of the Renewal Plan. This may include: 

(a) any property in the project area containing a non-salvable structure, i.e. a 
structure which in the opinion of the Commissioner of the Department of Hous- 
ing and Community Development; cannot be economically rehabilitated; 

(b) Arty ANY privately owned structure in the project area which the owner in- 
tends to rehabilitate or demolish in a manner not in substantial conformity with 
the property rehabilitation standards contained in Section 10 of this Ordinance 
or the objectives of the Renewal Plan:; 

(c) any property, the owner of which is unable or unwilling to comply or con- 
form to the property rehabilitation standards set forth in Section 10 of this 
Ordinance within 12 months from the date of written notice of the required im- 
provements. The Department of Housing and Community Development, after 
due consideration that the property owner has failed to achieve substantial con- 
formity with the property rehabilitation standards may acquire such property 



ORDINANCES 271 

pursuant to the Eminent Domain Law of this State as if the property had 
originally been planned for acquisition after 90 days written notice to the owner. 
The Department of Housing and Community Development reserves the right to 
acquire any such non-complying property for a period of two (2) years from the 
date said written notice by the Department of Housing and Community Develop- 
ment. 

Sec. b. And be it further orda ined, That upon acquisition of the properties men- 
tioned in Section 4 of this Ordinance, the Department of Housing and Communi- 
ty Development will either: 

(a) rehabilitate the property in conformance with the codes and ordinances of 
Baltimore City and the property rehabilitation standards set forth in Section 10 
of this Ordinance and dispose of THE property at its fair value in accordance 
with applicable regulations. If sale cannot be consummated by the time 
rehabilitation is accomplished, the property may be rented pending continuing 
sale efforts; or 

(b) sell or lease the property subject to rehabilitation and/or maintenance in 
conformance with the codes and ordinances of Baltimore City and the property 
rehabilitation standards set forth in Section 10 of this Ordinance and the objec- 
tives set forth in the Renewal Plan; or 

(c) demolish the structure or structures thereon and dispose of THE land for 
redevelopment at its fair value for uses consistent with the Renewal Plan; or 

(d) devote the property and/or structure to a public use consistent with the 
Renewal Plan. 

Sec Q.Atid be it further ordained, That the Real Estate Acquisition Division of 
the Department of the Comptroller, or such person or persons and in such man- 
ner as the Board of Estimates, in the exercise of the power vested in it by Article 
V, Section 5, of the Baltimore City Charter, may hereafter from time to time 
designate, is or are authorized to acquire on behalf of the Mayor and City Council 
of Baltimore and for the purposes described in this Ordinance, the fee simple in- 
terest or any lesser interest in and to the properties or portions thereof 
hereinabove mentioned. If the Real Estate Acquisition Division of the Depart- 
ment of the Comptroller, or such person or persons and in such manner as the 
Board of Estimates, in the exercise of the power vested in it by Article V, Section 
5, of the Baltimore City Charter, may hereafter from time to time designate, is 
or are unable to agree with the owner or owners on the purchase price for said 
properties or portions thereof, it or they shall forthwith notify the City Solicitor 
of Baltimore City, who shall thereupon institute in the name of the Mayor and 
City Council of Baltimore the necessary legal proceedings to acquire by condem- 
nation the fee simple interest or any lesser interest in and to said properties or 
portions thereof. 

Sec 7. And be it further ordained, That only the land uses indicated in Section 
C. of the Renewal Plan and shown on Exhibit 1 A -Land Use Plan, dated 
February 29, 1984, shall be permitted within Market Center West. 

Sec 8. And be it further ordained, That all plans for new construction (in- 
cluding parking lots), exterior? or highly visible rehabilitation, repairs, expansion 



272 ORDINANCES Ord. No. 100 

or change in use of any property in Market Center West shall be submitted to the 
Department of Housing and Community Development for review and approval 
by the Department shall be required before proceeding with the work in accord- 
ance with Section F. and Appendix A (Section II) of the Renewal Plan. Only upon 
finding that the proposed plans are consistent with the objectives of the Renewal 
Plan shall the Commissioner of the Department of Housing and Community 
Development authorize the processing of the plans for issuance of a building per- 
mit. The provisions of this Section are in addition to and not in lieu of all other ap- 
plicable laws and ordinances relating to new construction. 

Sec. 9. And be it further ordained, That all proposals for demolition of all or a 
portion of a structure within Market Center West shall be submitted to the 
Department of Housing and Community Development for review and approval in 
order to determine if the proposed demolition is consistent with the objectives 
and requirements of the Renewal Plan. Upon finding that the proposed demoli- 
tion is consistent with the objectives of the Urban Renewal Plan, the Commis- 
sioner of the Department of Housing and Community Development shall 
authorize the issuance of the necessary permit. If the Commissioner finds that 
the proposal is inconsistent with the objectives of the Urban Renewal Plan and 
therefore denies the issuance of the permit, he THE COMMISSIONER shall, 
within 90 days of such denial, seek approval of the Board of Estimates to acquire 
for and on behalf of the Mayor and City Council of Baltimore the property, in 
whole or in part, on which said demolition was to have occurred by purchase, 
lease, condemnation, gift or other legal means for the renovation, rehabilitation 
and disposition thereof. In the event that the Board of Estimates does not 
authorize the acquisition, the Commissioner shall, without delay, issue the 
demolition permit. 

Sec. 10. And be it further ordained, That over and above the codes and 
ordinances of Baltimore City, the following additional provisions shall be applied 
to all exterior improvements to existing properties, WHETHER OCCUPIED 
OR VACANT, within Market Center West and ahall b e appli e d to all prop e rti e s, 
wh e th e r occupied or vacant . These provisions should in no way discourage 
creative and innovative design so long as the design proposal is in harmony with 
the broad intent of the Renewal Plan. Such creative and innovative designs may 
be submitted to the Department of Housing and Community Development for 
review and, at the sole discretion of the Commissioner of the Department of 
Housing and Community Development, approval of such designs, including ex- 
ceptions to the following provisions, may be granted. Nothing in the following 
provisions shall be construed to permit any construction, alteration, change, 
repair, use or sign or any other matter otherwise forbidden, restricted, or con- 
trolled by any other public law except as specifically noted. All work performed 
in compliance with the Renewal Plan shall be done in a workmanlike manner and 
according to accepted standards of the building trades. Materials used in making 
repairs shall be of quality suitable for the purpose and of a kind normally used to 
accomplish the required repairs. 

1. Exterior Walb (front, side, and rear) 

a. All of the exterior walls of structures located in the Project Area shall be 
included in this requirement. 



ORDINANCES 273 

b. All exposed and visible surfaces shall be repaired, cleaned or painted to 
present an acceptable appearance. 

c. All colors and color schemes used in the Project Area shall be compatible 
vvith the design of the buildings in the Area. 

d. All defective structural and decorative elements of building fronts and 
sides abutting streets shall be repaired or replaced in a workmanlike manner to 
match as closely as possible the architecture of that building. All damaged, sag- 
ging, or otherwise deteriorated storefronts, signs, show windows, or entrances 
shall be repaired or replaced. 

e. All miscellaneous unused elements on the exterior walls of the struc- 
tures such as empty electrical boxes, conduits, pipes, unused sign brackets, etc., 
shall be removed. 

f. All exterior walls which have not been wholly or partially resurfaced or 
built over shall be repaired and cleaned or painted in an acceptable manner. Brick 
walls shall be pointed where necessary to match existing bond. Painted masonry 
walls shall have loose material removed and be painted a single color except for 
trim or decorative details which may be another color. Surfaces shall be painted 
v^ith products, and employing application methods that will prevent early 
deterioration. Patched walls shall match the existing adjacent surfaces as to 
materials, color, bond and joining. Cleaning of masonry walls by means of sand- 
blasting shall not be permitted, except where sandblasting is determined by the 
Commissioner of the Department of Housing and Community Development to be 
the only feasible means of surface cleaning of masonry and where, in his opinion, 
it will not cause damage to historic materials. 

g. All brick and concrete block walls shall be cleaned, repaired, and re- 
pointed as required. Brick walls shall be either preserved in their natural state or 
painted a color compatible with neighboring structures. Unfmished concrete 
block walls shall be painted. 

h. All natural stone walls shall be cleaned, repaired, and pointed. 

i. All stucco surfaces shall be cleaned and repaired. Repaired and new stucco 
surfaces shall have a continuous and even finish, with no patching visible. 

j. No new formstone finishes shall be permitted. All defective formstone 
finishes shall be removed and the walls behind them restored. 

k. Existing wood siding material, in sound condition and permissible under 
the Baltimore City Building Code, shall be cleaned, stripped, and painted. All 
other wood siding shall be removed. All siding hiding or covering the original 
building above the sign area shall be removed. Real or simulated wood shakes are 
not considered to be compatible with this renewal area and new applications of 
these materials will be not permitted. 

1. Existing metal siding which is undamaged, structurally sound, and per- 
missible under the Baltimore City Building Code shall be kept bright, clean, in a 
good state of repair, or painted a color compatible with the colors of the 
neighboring structures. M\ other metal siding shall be removed. All siding hiding 
or covering the original building above the sign area shall be removed. Metal 
siding shall be limited to the street level and shall not cover more than 25% of the 
total front. The metal shall be of sufficient gage GAUGE, thickness and finish 



274 ORDINANCES Ord. No. 100 

quality to prevent denting, scratching and discoloration through normal wear 
and tear. 

m. AJl gutters and rain water leaders must be in good condition and shall be 
repaired or replaced as necessary and shall be neatly located and securely in- 
stalled. Gutters and down-spouts shall be prepainted, baked enamel, non-ferrous 
material or painted and shall be compatible with the other building colors. 

n. All cornices, upper floor windows, and all other portions of a building 
containing metal or wood trim shall be made structurally sound. Rotten, rusted, 
or weakened portions shall be restored, where feasible, or replaced to match as 
closely as possible the original architecture. All exposed metal or wood shall be 
painted or stained, or otherwise treated for protection. The removal of cornice 
work, without prompt replacement of approved design, will not be permitted. 

o. Walls, ledges, cornices, sills and other projections shall be kept clean of 
bird droppings and may be provided with deterrent devices to protect them from 
soiling by birds. 

p. No new mechanical equipment such as exhaust fans, vents and air condi- 
tioning units shall be allowed to project through building fronts or sides facing 
streets unless suitably concealed. 

2. Roofs 

a. All roof mounted signs and unused roof hardware shall be removed. 

b. Roofs shall be kept free of trash, debris, or any other element which is 
not a permanent part of the building or a functioning element of its mechanical or 
electrical system. 

c. Television and radio antennae shall be located so as to be as inconspicu- 
ous as possible AS VIEWED from the sidewalk across the street. 

d. Rooftop mechanical equipment shall be located far enough back from 
THE edge of the roof so that it cannot be seen from the sidewalk across the 
street, either in front of or to one side of the building. Functional equipment may 
be retained until major repair or replacement of the equipment . becomes 
necessary, at which time it shall be repositioned as above. All mechanical equip- 
ment shall be painted with a flat paint in a color compatible with the color of the 
front of the building upon which it rests IS LOCATED to minimize visibility. 

e. Any new mechanical equipment placed on a roof shall be so located as to 
be hidden from the streets, and to be as inconspicuous as possible from other 
viewpoints. New equipment shall be screened with suitable elements of a perma- 
nent nature and finished so as to be compatible with the rest of the building. 
Where such screening is unfeasible, equipment shall be installed in a neat, 
presentable manner and shall be painted in such a manner as to mmimize its 
visibility. 

f. All chimneys, elevator penthouses or other auxiliary structures on the 
roofs shall be clean and in good repair. All deteriorated masonry chimneys shall 
be either removed or restored. All future metal chimneys shall be located so that 
they cannot be seen from the sidewalk across the street either in front of, or to 
one side of, the building. 



ORDINANCES 275 

g. Flashing visible from the sidewalk must be neat and free of pitch. Visible 
flashing shall be painted to match the surface of the wall and AND/OR roof. 

h. For pitched roofs visible from the sidewalk across the street, additional 
roof requirements shall apply: 

(1) The finished roofing material shall be clean and in good state of 
repair. 

(2) The finished roofing material shall be limited to one of the follow- 
ing: 

-Flat or standing seam natural or painted sheet metal roofing 

-Asphalt shingle or clay tile 

-Slate 

(3) The finished roofing material shall have a color compatible with the 
building color scheme. 

(4) Dormers shall be compatible with the design of the building's street 
facade. The finish materials and colors shall be compatible with both the roof and 
facade of the buildings. 

(5) Skylights and solar panels shall be of low profile and all metal parts 
shall match the roofing material. 

3. Windows 

a. Windows not in the front or side of the buildings shall be kept properly 
repaired or, with Fire Department approval, may be clos e d SEALED, in which 
case, sills, lintels, and frames must be removed and the opening properly closed 
to match the material, design, and finish of the adjacent wall, or other solution 
satisfactory to the Department. 

b. All windows must be tight-fitting and have sashes of proper size and 
design. Sashes with rotten wood, broken joints or loose mullions or muntins shall 
be replaced. All broken and missing windows shall be replaced with glass or ap- 
proved clear plastic glazing. All exposed wood shall be repaired and painted. 

c. Window openings in upper floors of the front and all visible sides of the 
building shall not be filled, boarded up or covered by any signs. Windows in upper 
floors may be backed by suitable curtains, blinds, interior wood shutters, or other 
approved materials. W^ere this treatment is not feasible, window glass may be 
painted. When glass is painted, mullions shall be a contrasting color. Window 
glass at street level shall not be painted over entirely. 

d. The use of shutters shall not be allowed in cases where shutters would 
not be compatible with the architecture of the building. 

e. All of the windows in a single facade shall be of matching design. All win- 
dow openings shall have the same height and width they did at the time that the 
wall in which the openings are located was originally built. Filling in these open- 
ings at the top, bottom, or sides is not permitted. The following additional re- 
quirements shall apply for all new windows: 

(1) All windows shall have frames, sash, and mullions of a material, 
design, and color appropriate to the architecture of the building. Wherever possi- 
ble, the original number of window lights shall be retained. 



276 ORDINANCES Ord. No. 100 

(2) All windows, frames, and mullions shall be kept in good repair and 
properly painted. 

(3) Ornamental windows, grilles, and balcon e tta FALSE BALCONIES 
may be incorporated as a decorative or security device. 

(4) The lintels over windows shall be preserved or restored. Rotten 
wood lintels shall be replaced with steel lintels concealed behind a wood facing. 
Brick archwork and stone lintels shall be restored. 

(5) Window sills shall be preserved, replaced, and restored to match the 
original design of the building. 

(6) Installation of exhaust fans, vents, and air conditioning units in 
front windows is not allowed; however, where there is no other alternative, the 
unit shall be painted in a color that makes it as inconspicuous as possible or shall 
otherwise be suitably screened. 

4. Storefonts 

a. A storefront as a part of the building facade shall be defined to include: 

(1) The building face and the entrance area leading to the door: 

(2) The door, sidelights, transoms, show windows, display platforms, 
devices including lighting and signing designe(;i to be viewed from A public right- 
of-way and/or the areas visible to the public prior to entering the interior portion 
of the structure. 

b. All elements of the storefront including marquees, awnings, show win- 
dows, entrances, signs, lighting, sun protection, security grilles, etc., shall be 
compatible with the architecture of the building. All such elements shall be 
located no higher than one inch below the second story wmdow sill line. New 
metal awnings shall not be permitted. 

c. All extraneous and unused hardware, signing, and equipment shall be 
removed. 

d. All broken, rotten, or damaged elements shall be removed and replaced 
with elements that are compatible with the architecture of the building. All 
damaged, sagging, or otherwise deteriorated storefronts, show windows, or en- 
trances shall be repaired or replaced. The practice of "patching" or layering 
materials one on top of the other is not permitted. Damaged parts shall be re- 
placed so as to be undetectable as replacement parts. 

e. At such time as sign panels covering or replacing store cornices are 
removed, the cornice shall be restored or replaced. 

f. Materials used on storefronts shall be compatible with the architecture of 
other buildings in the renewal area as well as other materials used on the building 
itself. Other factors such as durability, ease of maintenance and historical com- 
patibility of materials shall be considered in relation to future material installa- 
tions. Material not approved by the Department, shall not be permitted for any 
future use. All such materials now in use shall be kept in good repair or shall be 
removed. 



ORDINANCES 277 

g. Soft Awnings 

(1) Existing retractable awning boxes or fixed awning hardware on 
storefronts shall be reconditioned to accommodate a new awning which shall be 
compatible with the building design. Torn, frayed, faded or dirty awnings shall 
be reconditioned, repaired, cleaned, or replaced. 

(2) Awnings are to be installed along the full width of existing awning 
boxes and frames and on upper floors over windows only. 

(3) The color of the material and any graphics or striping shall be com- 
patible with the building architecture. 

(4) Fixed awnings shall have a fall sufficient to shed a snow load. A 6- 
inch fall for every foot should be the minimum. 

(5) Awnings shall not be designed so as to prevent vehicular movement 
at the curb or to interfere with improvements to the public R.Q.W. RIGHT OF 
WAY such as street lights, landscaping, and street furniture. Awnings shall not 
be lower than eight (8) feet above the sidewalk, and one (1) foot inside the curb 
and shall otherwise conform with the provisions of City Ordinances. 

(6) Street level awnings shall terminate against the building at a height 
not to exceed one inch below the second floor window sill or no higher than the 
bottom of a first floor cornice, unless it exists as a part of the cornice. 

h. Security screens, grates, bars, and grilles shall be designed to be as in- 
conspicuous as possible. They shall be constructed of non-ferrous material or 
kept painted and free of rust. Non-metal grilles and screens shall be prohibited. 
Enclosures and housings for security grilles and screens shall be painted and 
compatible with the architecture of the storefront and the facade or hidden from 
view as an integral part of a sign or awning. All screens and grilles shall be total- 
ly opened or removed during the normal business hours. No signs or product 
advertising shall be permitted on grilles or grille housings. 

i. Solid or permanently enclosed or covered storefronts or painted show 
windows or show windows replaced by solid materials shall not be f>ermitted 
unless treated architecturally as an integral part of the building facade and com- 
patible with these standards. Where the window treatment of the first floor is to 
be modified, these new window openings shall not be smaller in size than the 
openings of the second or third floor windows. These new windows shall be com- 
patible with the upper windows in the structure. 

j. New storefronts that project beyond the property lines of the stores are 
not permitted. Where the original front is behind the property line and where a 
new prujectmg front would ni)t be disruptive to adjacent stores and is compatible 
with the building architecture, a new front may be installed u[) to the property 
line. 

k. All new storefronts shall provide a street side hose bibb to provide water 
for storefront and sidewalk cleaning and to aid in watering street trees. 

I. Doorways and Entrances- In cases where there are doorways to 
buildings that are not incorporated in the storefront, the character of the original 
doorway shall be preserved, where possible. The original style of these door- 
ways, if possible, shall be incorjjorated into the design of the r et nod e ll c d 



278 ORDINANCES Ord. No. 100 

REMODELED storefront. The following additional requirements shall apply to 
all doorways and entrances. 

(1) Storm and screen doors and hardware visible from the outside shall 
be compatible with entrance doors. 

(2) Any grilles, bars, and grates covering doors or windows shall be 
designed to be compatible with the architecture of the building and of the 
neighboring structures. 

(3) Where steps or stoops are required at a doorway or entrance, they 
shall be designed to match the original design. In cases where there are are 
MORE than two risers, the steps or stoops shall be provided with a railing of 
compatible design. 

(4) Doorways and entrances shall be designed with consideration for 
the needs of the handicapped and the elderly. 

m. Each store is required to display a postal address number on the 
storefront. The number size, style, location shall be designed so that it is easily 
visible from the center line of the street. 

n. Footways adjacent to all properties within the Project Area boundaries 
shall be maintained in a manner consistent with applicable Baltimore City Codes 
and Ordinances. In addition, when required, footways shall be repaired or re- 
placed to present a neat and even appearance and in a manner that is compatible 
with the materials, design and finish of adjacent footway surfaces including 
specially designed and installed sidewalk, plaza and mall paving. 

o. This Plan encourages the use of adjacent footways for sidewalk cafes 
(outdoor table service) with or without awnings, where accessory to a restaurant 
use. A clear walkway not less than four (4) feet in width shall be maintained in ac- 
cordance with provisions of City Ordinances. 

5. Sigtis 

All new signs shall be in accordance with the Zoning Ordinance of Baltimore 
City and subject to the requirements for a minor privilege. In addition, the 
following provisions shall apply: 

a. All signs not conforming to these regulations shall be removed at the 
time rehabilitation work is undertaken. All other signs must be removed within 
twelve months after the passage of the ordinance approving this Plan, except 
billboards larger than sixty square feet. All those billboards larger than sixty 
square feet shall be removed only in the event they are: 1. located on, 2. across 
the street, alley or footway from, 3. diagonally across from, or 4. adjacent to any 
development site. "Development site" for the purpose of this Plan shall be de- 
fined as any public or private development, redevelopment, rehabilitation, con- 
struction, improvement or other investment the aggregate cost of which exceeds 
$200,000 (Two Hundred Thousand Dollars)." No lease for billboard signs expir- 
ing after enactment of this Plan may be renewed. 

b. Size, shape, letter style(s), colors, and method of installation of all signs 
shall be compatible with the architecture of the building and the neighboring 



ORDINANCES 279 

structures. Design of signs by graphic designers is encouraged. This Plan re- 
quires that design drawings of all proposed signs and showing their location on 
the building facade shall be submitted to the Department for approval prior to 
fabrication and installation. 

c. Materials employed for construction of signs shall be durable and 
weather resistant, shall be fabricated and installed by qualified and experienced 
mechanics, and shall be maintained in good repair. 

d. Placement of signs shall be restricted to the first floor only, placed no 
higher than the bottom of the second story window sill, where windows exist, and 
the sign bottom shall be directly above the storefront or awning/security 
enclosure. Signs shall be designed in a manner so that they do not interfere with 
important architectural details (e.g., window, cornices, carved friezes, arches) of 
the buildings. Placement entirely on a flat portion of facade or an area entirely 
within the confines of an opening and lined up with architectural details or 
elements is required. Upper floor signs are contrary to the intent of this Plan. 
However, in special circumstances, signs may be placed on upper floors if it is 
determined that there IS no prudent means of accommodating the signs on the 
first floor consistent with these provisions or as special exceptions approved by 
the Department. 

e. "Temporary signs" may be displayed within storefront windows only 
provided that these signs do not cover more than 20% of the area of the window 
in which they are displayed and are on display not more than thirty consecutive 
days. 

f. Signs shall be permitted at rear entrance and delivery doors, but shall 
not exceed two square feet in area and may be illuminated. 

g. If a projecting sign to indicate the location of a parking garage or park- 
ing lot entrance is to be provided, one such sign for each garage or lot entrance 
shall be permitted and the sign be a Department-approved standardized letter 
"P" and arrow. 

h. Signs in the form of letters, symbols or other graphics may be incor- 
porated in the design of any awning included in the design of a storefront, pro- 
vided such signs are compatible with the architecture of the building and the 
awning. 

i. Signs may be painted on the inside surface of upper floor and storefront 
show windows and sign panels may be hung inside the show window. These signs 
must be designed to be compatible with the architecture of the facade. 

j. Signs shall be incorporated in the design of the storefront and shall not 
project more than 12" except where a sign will serve to hide a security grille 
enclosure which exists beyond the primary surface of the building. If the 
storefront design includes a cornice, the sign may be incorporated in the cornice 
design. If a st(jrefront cornice is not appropriate for a sign, or there is no cornice, 
the sign may be placed either in the store window or on the portion of the 
building facade above the store window/cornice and below the sill of the second 
floor windows. Signs which are an integral part of the building structure and 
compatible with the original architecture of the building are permitted. 



280 ORDINANCES Ord. No. 100 

k. Painted signs on building surfaces or use of separate cutout letters shall 
be permitted in accordance with these provisions. 

1. Neon tube signs are permitted above a show window and on the inside of 
and behind show windows as provided for herein and as provided for in 
"Lighting" in this Plan. 

m. Flags and banners, conforming to existing City Ordinances, may be 
displayed on a temporary and permanent basis so long as the poles are main- 
tained in good condition and the material is not faded, torn, or frayed. 

n. Roof top signs, signs above the parapet of a building, billboards, or other 
outdoor advertising signs painted or mounted on structures other than 
billboards, except as otherwise herein provided, shall not be permitted. All exist- 
ing rooftop and facade mounted sign brackets and hardware shall be removed. 

0. Flashing or moving signs other than barber poles shall not be permitted. 

p. No signs, projecting more than 12", will be permitted to be mounted to 
the face of any building; such existing signs shall be removed as provided for in 
III. Complianc e . "SECTION III. COMPLIANCE" OF THE RENEWAL PLAN. 

q. No marquees shall be allowed on buildings other than operating theatres 
or hotels. When SUCH BUILDING IS rehabilitated, an existing marquee shall be 
redesigned so that it is compatible with the architecture of the building. 

r. Super graphics or murals are a special form of out-door art and the 
Department may permit their application upon submission and approval of full 
color drawings of the intended super graphic or mural on wall surfaces that are 
predominantly blank, except on buildings designated of either historic or ar- 
chitectural significance. The application should be appropriate to the use, activity 
or theme of a building or place. Such super graphics or murals shall be designed 
by recognized professional graphic artists, artists or designers. 

s. The Department may permit freestanding signs and sign kiosks on the 
sites where buildings are set back from their property lines upon submission and 
approval to OF site plans and sign design drawings. 

6. Lighting 

a. Exterior lighting shall be limited to lighting fixtures designed to be in 
harmony with the character of the buildings and the street. Such fixtures shall be 
mounted in the entrance ways or on the front facade of the building. Flood 
lighting, concealed above a shopfront cornice, may be used to light the facades of 
buildings except where the upper floors are in residential use. Lighting of the 
shops will be encouraged during the evening hours at times agreed upon by the 
merchants. 

b. Lighting of the facades of the buildings may be accomplished with pro- 
jecting fixtures at the roofline or at the shopfront cornice line. Such fixtures shall 
be inconspicuous and compatible with the building architecture and project not 
more than 24" from the face of the building. 

c. All lighting and electrical elements such as wires, conduits, junction 
boxes, transformers, ballasts, switches and panel boxes shall be concealed from 
view. 



ORDINANCES 281 

d. The following lighting methods are not pernutted for signs and 
buildings: 

(1) Exposed flourescent lighting 

(2) Exposed quartz or mercury vapor lamps 

(3) Exposed incandescent lamps other than low wattage, purely 
decorative lighting and neon as provided for herein. 

e. The following lighting methods are permitted for signs and buildings: 

(1) Fully recessed flourescent downlights or wall washers in a valance 
box. Box must run full length of storefront at top of sign area. 

(2) Internally illuminated box signs and individual letters or back-lit 
(halo) letters. 

(3) Fully recessed downlights or wallwashers in projecting metal box. 
Box must run length of storefront at top of sign area. 

(4) Shielded flourescent lamps with diffusers in projecting metal box. 
Box must run full length of storefront at top of sign area. 

(5) "Gooseneck incandescent", porcelain enamel reflector on bent metal 
tube arm. Housing must prevent glare at pedestrian eye level. 

(6) Neon tube illumination in the form of a neon tube graphic where a 
light source is supplied by a neon tube which is bent to form letters, symbols or 
other shapes in various colors are permitted as flat signs above a show window 
when enclosed in a sign box and protected by a glass front and on the inside of 
show windows. 

7. Rear Yards 

Where a front, side, or rear yard exists or is created through the demolition of 
structures, the open areas shall be treated in a manner consistent with the 
following standards. 

a. Enclosures of Yards 

A rear yard may be enclosed along side and rear property lines by an 
unperforated masonry wall or metal grille fence compatible with the architecture 
of the rear walls of the building. Solid doors or gates may be used to the extent 
necessary for access and delivery. Such walls must be not less than three feet in 
height. Use of barbed wire or broken glass OR SIMILAR MATERIALS on top of 
walls shall not be permitted. Solid masonry walls shall be used where fronting on 
public streets and adjacent properties. 

b. Provision of Parking Area 

Rtrar A REAR yard may be used as a parking or loading area providing 
that it is properly screened, paved, illuminated and maintained. A sign not ex- 
ceeding two square feet in area may be used to identify and control parking and 
loading. The owner of the building shall be responsible for maintenance of the 
parking area in a neat and clean manner. No storage of trash containers shall be 
allowed in this area except when housed in permanent enclosures of acceptable 
design. 



282 ORDINANCES Ord. No. 100 

c. Structures that are attached or unattached to the rear of the principal 
structure and which are structurally deficient, shall be properly repaired or 
demolished. Yards and areaways shall be kept free of trash, debris, or any other 
element which is not a permanent part of the building or a functional element of 
its mechanical or electrical system. 

8. Ojf-Street Parking 

a. Parking spaces shall be provided as established in the Zoning Ordinance 
of Baltimore City, or in such lesser amount as may be authorized by Board of 
Municipal and Zoning Appeals as a Special Exception or Variance. In addition to 
these requirements, off-street parking areas shall be visually screened from 
public streets and adjacent properties as provided for herein. 

b. All required parking spaces shall be provided with the proper ingress 
and egress to a public street or alley. 

c. All parking facilities shall be effectively screened. When fronting on 
public streets and adjacent properties, screening shall consist of a masonry wall 
or combination masonry wall and metal grille fence, not less than three (3) feet in 
height. Screening shall be maintained in good condition and shall be so designed 
and placed so as not to obstruct vehicle sight distances at entrances and exits. 
Solid masonry walls shall be used. 

d. All exterior (surface) parking areas shall be paved with a hard, dust-free 
surface, and shall be properly illuminated, and maintained in a neat and clean 
manner. 

e. A sign not exceeding sixteen square feet in area may be used to identify 
and control parking and loading. 

9. Off-Street Loading, Storage and Service 

a. Where permitted by the Zoning Ordinance of Baltimore City, front, side, 
or rear yards may be used for loading, storage, or service. In addition to any re- 
quirements of the Zoning Ordinance, these areas shall be appropriately screened 
from all adjacent streets, alleys, and properties. Screening shall consist of an 
unperforated masonry wall or metal grill fence at least three feet in height. 

b. All yards used for loading and vehicle storage and service shall be pro- 
vided with the proper ingress and egress to a public street or alley by means of 
access drives and aisles. Such drives and aisles shall be consistent with the in- 
tended use of the property and shall not be excessive in size. 

c. All exterior (surface) parking areas shall be paved with a hard, dust-free 
surface, and shall be properly illuminated, and maintained in a neat and clean 
manner. 

d. A sign not exceeding two square feet in area may be used to identify and 
control parking and loading. 



ORDINANCES 283 



10. Refuse Storage 



All outdoor refuse storage areas and dumpsters on private property shall 
be screened from the view of adjacent properties and public rights-of-way, and 
no dumpsters or rubbish containers shall be exposed at the fronts of buildings. 
Screening shall consist of a masonry wall or metal fence, or combination not less 
than five (5) feet in height. Trash storage areas shall be maintained in a neat and 
clean manner at all times. 

11. Existing Passageways 

a. All existing passageways fronting on any street or alley providing public 
access shall comply with all of the provisions of this Plan, especially maintenance 
and repair of exterior walls. 

b. They shall be kept structurally intact and free from hazards to the 
general public. 

c. They shall be kept free of debris by the abutting owner(s). 

d. All masonry surfaces shall be repaired and cleaned or painted to present 
a neat, fresh, and uniform appearance. 

e. Provision for metal security gates at each end of such passageways shall 
be the responsibility of the occupants of buildings immediately adjacent. These 
gates must be provided with a lock. Non-metal gates and non-metal locks are not 
permitted. It shall be the responsibility of first floor occupants of buildings im- 
mediately adjacent to both sides of such passageways to lock gates after normal 
business hours. Passageways must be provided with sufficient lighting if gates 
are to be left unlocked during normal business hours of darkness. When security 
gates are "open", they shall be fixed to the wall by a metal latch. 

Sec. l\. And be it further ordained, That all rehabilitation work necessary to 
meet the standards and provisions contained in Section 10 of this Ordinance shall 
be completed within one (1) year from the passage of this Ordinance unless ex- 
tended by the Commissioner of the Department of Housing and Community 
Development. Thereafter, all work shall be completed in accordance with the 
date of completion set forth in the notice from the Commissioner. No work, 
alterations, or improvements shall be undertaken after enactment of this 
Ordinance which do not conform with the requirements set forth in Section 10 of 
this Ordinance. However, the Commissioner may waive compliance with one or 
more of the standards and provisions contained in Section 10 of this Ordinance if 
such waiver is determined by the Commissioner not to adversely affect the objec- 
tives for Market Center West. Nothing herein shall be construed to permit any 
sign, construction, alteration, change, repair, use or any other matter otherwise 
forbidden or controlled by any other public law. 

Stc. 12. And be it further ordained, That any person violating the provisions 
contained in Sections 10 and 11 of this Ordinance shall be guilty of a misde- 
meanor and shall be subject to a fine not exceeding One Hundred Dollars 
($100. UU) and that each day's violation shall constitute a separate offense. 



284 ORDINANCES Ord. No. 100 

Sec. 13. And be it further ordained, That in selling or otherwise disposing of 
property in Market Center West, the Department of Housing and Community 
Development shall require that developers agree in writing not to discriminate in 
the sale, lease, use or occupancy of the property developed by them against any 
person because of race, religion, color, sex or national origin. 

Sec. \4.And be it further ordained, That the regulations, controls, and restric- 
tions applicable to land to be acquired by the City as stated in Section E. of the 
Renewal Plan are hereby approved. 

Sec. 15. And be it further ordained, That certain new disposition lots shall be 
created as shown in the Urban Renewal Plan on Exhibit 2A- Property 
Acquisition-Land Disposition, dated F e bruary 20, 1 9 84 MAY 28, 1984. 

Sec. 16. And be it further ordained, That in whatever respect, if any, the said 
Renewal Plan approved hereby may not meet the requirements as to the content 
of a renewal plan or the procedures for the preparation, adoption, and approval 
of renewal plans, as provided in Article 13 of the Baltimore City Code (1983 
Replacement Volume), the said requirements are hereby waived and the 
Renewal Plan approved hereby is exempted therefrom. 

Sec. 17. And be it further ordained. That in the event it be judicially deter- 
mined that any word, phrase, clause, sentence, paragraph, section or part in or of 
this Ordinance or the application thereof to any p<rr«m PERSONS or circum- 
stances in IS invalid, the remaining provisions and the application of such provi- 
sions to other persons or circumstances shall not be affected thereby, the Mayor 
and City Council hereby declaring that they would have ordained the remaining 
provisions of this Ordinance without the word, phrase, clause, sentence, 
paragraph, section or part or the application thereof so held invalid. 

Sec. 18. And be it further ordained. That in any case where a provision of this 
Ordinance concerns the same subject matter as an existing provision of any 
urban renewal, zoning, building, electrical, plumbing, health, fire or safety 
ordinance or code or regulation, the applicable provisions concerned shall be con- 
strued so as to give effect to each; provided, however, that if such provisions are 
found to be in irreconcilable conflict, the provision which establishes the higher 
standard for the promotion of the public health and safety shall prevail. In any 
case where a provision of this Ordinance is found to be in conflict with an existing 
provision of any other ordinance or code or regulation in force in the City of 
Baltimore which establishes a lower standard for the promotion and protection of 
the public health and safety, the provision of this Ordinance shall prevail, and the 
other existing provision of such other ordinance or code or regulation is hereby 
repealed to the extent that it may be found in conflict with this Ordinance. 

Sec. 19. And be it further ordained, That this Ordinance shall take effect from 
the date of its passage. 

Approved June 19, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



ORDINANCES 285 

No. 101 
(Council No. 251) 

AN ORDINANCE concerning 

URBAN RENEWAL -MARKET CENTER- AMENDMENT NO. 4 

FOR the purpose of amending the Urban Renewal Plan for the Market Center 
Urban Renewal Area tO; among oth er things, (1) expand the project boundary 
to include the block bounded by Madison, Howard and Monument Streets and 
Linden Avenue and the block bounded by Monument, Centre and Howard 
Streets and Park Avenue, SAID BLOCK TO BE DELETED FROM THE 
MOUNT VERNON URBAN RENEWAL PROJECT; (£) authorize the acquisi- 
tion by purchase or by condemnation? of certain properties for urban renewal 
purposes; (3) delete certain properties from acquisition; (4) revise the per- 
mitted uses to prohibit amusement arcades within the project area; (5) create 
and/or revise the boundaries of certain disposition/development parcels for 
commercial, mixed, or residential use; (6) revise the standards and controls for 
certain disposition/development parcels; (?) change the land use of certain 
properties; (8) REVISE THE LANGUAGE IN THE ZONING SECTION OF 
THE PLAN; revise the compliance provision in Appendix A attached to the 
Plan and provide a penalty for violation of this provision; (^ revise ap- 
propriate Exhibits attached to the Plan to reflect the changes proposed herein; 
(W) waive such requirements, if any, as to the content or procedure for the 
preparation, adoption and approval of renewal plans as set forth in Article 13 
of the Baltimore City Code (1983 Replacement Volume) which the Renewal 
Plan for the Market Center may not meet; (H) provide for the severability of 
the various parts and applications of this o r dinanc e ORDINANCE; (1£) pro- 
vide that where the provisions of this ordinanc e ORDINANCE shall conflict 
with any other ordinance, code or regulation in force in the City of Baltimore, 
the provision which establishes the higher standard shall prevail; and (13) 
provide for an effective date hereof. 

Whereas, an Urban Renewal Plan for the Market Center, formerly known as 
the Retail District, was first approved by the Mayor and City Council of 
Baltimore by Ordinance No. 579, dated November 16, 1977 and last amended by 
ORDINANCE NO. 124, DATED JULY 11. 1980, ORDINANCE NO. 657, 
DATED JUNE 8, 1982, AND Ordinance No. 944 994, dated June 30, 1983; and 

Whereas, pursuant to Article 13 of the Baltimore City Code (1983 Replace- 
ment Volume), no substantial change or changes shall be made in any renewal 
plan after approval by ordinance, without such change or changes? first being 
adopted and approved in the same manner as set forth in said Article 13 for the 
approval of renewal plans, namely the preparation of such change or changes by 
the Department of Housing and Community Development, the approval of such 
change or changes by the Director of the Department of Planning, and approval 
and adoption by ordinance of the Mayor and City Council of Baltimore after a 
public hearing in relation thereto, all in the manner set forth in said Article 13; 
and 



286 ORDINANCES Ord. No. 101 

Whereas, extensive changes in the Renewal Plan for Market Center make it 
infeasible to make line-by-line changes; therefore the Department of Housing 
and Community Development has prepared an amended Urban Renewal Plan for 
Market Center; and 

Whereas, it is necessary and desirable to include within the Market Center 
Urban Renewal Area, the block bounded by Monument Street, Park Avenue, 
Centre Street and Howard Street, which is presently within the Mount Vernon 
Urban Renewal Project, and the block bounded by Madison Street, Howard 
Street, Monument Street and Linden Avenue, which lies within a portion of the 
Downtown Urban Renewal Area; and 

Whereas, said amended Renewal Plan for Market Center has been approved 
by the Director of the Department of Planning with respect to its conformity as 
to the Master Plan, the detailed location of any public improvements proposed in 
the amended Renewal Plan, its conformity as to the rules and regulations for 
subdivisions, and its conformity to existing and proposed zoning classifications; 
and the said amended Renewal Plan has been approved and recommended to the 
Mayor and City Council of Baltimore, by the Commissioner of the Department of 
Housing and Community Development, now, therefore, 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
the amended Urban Renewal Plan for Market Center, identifed as "Urban 
Renewal Plan, Market Center . . . revised to include Amendment No. 4, dated 
F e bruary 17, 1984 MAY 28, 1984, is hereby approved and the Clerk of the City 
Council is hereby directed to file a copy of said amended Urban Renewal Plan 
with the Department of Legislative Reference as a permanent public record and 
to make the same available for public inspection and information. 

Sec. 2. And be it further ordained, That the boundaries of the Market Center 
Urban Renewal Area shall be revised to include the block bounded by Madison 
Street on the north, Howard Street on the east, Monument Street on the south 
and Linden Avenue on the west, which lies within a portion of the Downtown 
Urban Renewal Area, as described in Ordinance 1210, dated January 24, 1958, 
as amended, and the block bounded by Monument Street on the north, Park 
Avenue on the east, Centre Street on the south and Howard Street on the west, 
which is presently in the Mount Vernon Urban Renewal Project, as established 
under Ordinance 281, dated June 22, 1964 as amended, and said block is hereby 
deleted from the boundaries of the Mount Vernon Urban Renewal Project. 
Therefore, Section 2 of Ordinance 124, dated July 11, 1980, is hereby amended to 
read as follows: 

Beginning for the same at the point formed by the intersection of the east 
side of Eutaw Street, as now laid out 66 feet wide, and the south side of 
Madison Street, as now laid out 66 feet wide (,] ,■ thence binding on the south 
side of said Madison Street, Easterly |143] 393 feet, more or less, to intersect 
the (west side of Linden Avenue,] center line of Howard Street, as now laid out 
82.5 feet wide; thence binding on the (west side of said Linden Avenue;) center 
line of Howard Street, crossing Monument Street. Southerly 400 feet, more or 
less, to intersect the south side of Monument Street, as now laid out 66 feet 
wide; thence binding on the south side of Monument Street, (crossing Linden 



ORDINANCES 287 

Avenue] Easterly (250) J, 15 feet, more or less, to intersect the [center line of 
Howard Street,) west side of Park Aveiiue, as now laid out (82.5] 6'6' feet wide; 
thence binding on the (center line of Howard Street,] west side of said Park 
Avenue, crossing Centre Street, [and on the west outline of the Department of 
Housing and Community Development- Mount Vernon Urban Renewal Proj- 
ect,] Southerly 450 feet, more or less, to intersect the south side of Centre 
Street, as now laid out 6i^ feet wide; thence binding on the south side of said 
Centre Street, [crossing Park Avenue, and on the south outline of said Mount 
Vernon Urban Renewal Project,] Easterly [800] 390 feet, more or less, to in- 
tersect the west side of Cathedral Street, as now laid out 66 feet wide; thence 
binding on the west side of said Cathedral Street, crossing Hamilton Street, 
Franklin Street, Mulberry Street, and Pleasant Street, Southerly 1,125 feet, 
more or less, to intersect the north side of Saratoga Street, as now laid out 66 
feet wide; and running thence by a straight line crossing said Saratoga Street; 
[and on the west outline of the Department of Housing and Community 
Development -Charles Center Urban Renewal P r oject,] PROJECT], Souther- 
ly 66 feet, more or less, to intersect the west side of Liberty Street, as now laid 
out varying in width; thence binding on the west side of said Liberty Street, 
[and the west outline of said Charles Center Urban Renewal Project,] Souther- 
ly 89 feet, more or less; thence binding on the northwest side of said Liberty 
Street, crossing Clay Street, Lexington Street, and Marion Street, [and on the 
northwest outline of said Charles Center Urban Renewal Project,] 
Southwesterly 799 feet, more or less, to intersect the north side of Fayette 
Street, as now laid out; thence binding on the north side of said Fayette 
Street, crossing Park Avenue, [and on the north outline of said Charles Center 
Urban Renewal Project,] Westerly 96 feet, more or less, to intersect the west 
side of Park Avenue, as now laid out; thence binding on the west side of said 
Park Avenue, crossing Fayette Street, Fairmount Avenue, and Baltimore 
Street [and on the west outline of said Charles Center Urban Renewal 
P r oj e ct,] PROJECT], Southerly 500 feet, more or less, to intersect the south 
side of Baltimore Street, as now laid out 72 feet wide; thence binding on the 
south side of said Baltimore Street crossing Howard Street, [and on the pro- 
posed north outline of the Department of Housing and Community 
Development - Loft District Urban Renewal Project,] Westerly 340 feet, more 
or less, to intersect the west side of Howard Street, as now laid out 66 feet 
wide; thence binding on the west side of said Howard Street, Northerly 17 
feet, more or less, to intersect the south side of Baltimore Street; thence bind- 
ing on the south side of said Baltimore Street, [and on the north outline of said 
Loft District Urban Renewal Project,] Westerly 430 feet, more or less, to in- 
tersect the west side of Eutaw Street; thence binding on the west side of said 
Eutaw Street, Southerly 60 feet more or less, to intersect the north side 
north side of Napoleon Alley; thence binding on the north side of Napoleon 
Alley, [and on the north outline of said Loft District Urban Renewal Project,] 
Westerly 340 feet, more or less, to intersect the center line of Paca Street, as 
now laid out 82.5 feet wide; thence binding on the center line of Paca Street, 
[and on the east outline of the Department of Housing and Community 
Development -University of Maryland Project H,] Northerly 500 feet, more 
or less, to intersect the center line of Fayette Street; thence binding on the 
center line of said Fayette Street, crossing Diamond Street, [and on the north 
outline of said University of Maryland Project H,] Westerly 361 feet, more or 



288 ORDINANCES Ord. No. 101 

less, to intersect the east side of Greene Street, as now laid out 66 feet wide; 
thence binding on the east side of said Greene Street, crossing Lexington 
Street, [and on the east outline of the Department of Housing and Community 
Development -Orchard-Biddle Urban Renewal Project,] Northerly 860 feet, 
more or less, to intersect the south side of (said] Saratoga Street; thence bind- 
ing on the south side of said Saratoga Street, [and on a south outline of said 
Orchard-Biddle Urban Renewal Project,] crossing Paca Street, Easterly 394 
feet, more or less, to intersect the east side of Paca Street, as now laid out 82.5 
feet wide; thence binding on the east side of said Paca Street, [and on the east 
outline of said Orchard-Biddle Urban Renewal Project,] crossing Saratoga 
Street and Mulberry Street, Northerly 747 feet, more or less, to intersect the 
south side of Franklin Street, as now laid out 70 feet wide; thence binding on 
the south side of said Franklin Street, crossing Jasper Street and Eutaw 
Street, [and on a south outline of said Orchard Biddle Urban Renewal Project,] 
Easterly 388 feet, more or less, to intersect the east side of said Eutaw Street 
and thence binding on the east side of said Eutaw Street, crossing Franklin 
Street, George Street, Centre Street, Druid Hill Avenue, McCulloh Street, 
and Monument Street, [and on the east outline of said Orchard-Biddle Urban 
Renewal Project,] Northerly 1,275 feet, more or less, to the place of beginning. 

Sec. 3. And be it further ordained, That it is necessary to acquire by purchase 
or by condemnation, for urban renewal purposes, the fee simple interest or any 
lesser interest in and to the following properties or portions thereof, together 
with all right, title, interest and estate that the owner or owners of said property 
interests may have in all streets, alleys, ways or lanes, public or private, both 
abutting the whole area described andyor contained within the perimeter of said 
area, situate in Baltimore City, Maryland, and described as follows: 

419 N. Eutaw Street 
421 N. Eutaw Street 
423 N. Eutaw Street 
425-27 N. Eutaw Street 

510 W. Fayette Street 

211 W. FRANKLIN STREET 

213-15 W. FRANKLIN STREET 

309-11 W. Franklin Street 

319 W. Franklin Street (portion only) 

415 W. Franklin Street 

417 W. Franklin Street 

419 W. Frankhn Street 

421 W. Franklin Street 

423 W. Franklin Street 

425 W. Franklin Street 

113-19 N. Greene Street 

211 W. MULBERRY STREET 
215-17 W. MULBERRY STREET 
306 W. Mulberry Street 



ORDINANCES 289 

410 W. Mulberry Street 
414 W. Mulberry Street 
416 W. Mulberry Street 

418 W. Mulberry Street 

420 W. Mulberry Street 

422 VV. Mulberry Street 
424 VV. Mulberry Street 

426 W. Mulberry Street 
428 W. Mulberry Street 

419 N. Paca Street 

421 N. Paca Street 

423 N. Paca Street 

308 Park Avenue 

310 Park Avenue 
314 Park Avenue 
400-04 PARK AVENUE 
408 PARK AVENUE 
412 PARK AVENUE 
414 PARK AVENUE 

324-26 Pierce Street 

202-04 W. PLEASANT STREET 

208 W. PLEASANT STREET 

209 W. PLEASANT STREET 

311 T>'Son Street 
313-17 TYSON STREET 
319-23 TYSON STREET 
421-25 TYSON STREET 

427 TYSON STREET 

Sec 4. And be it further ordained, That it is necessary to delete the following 
property AND IT IS HEREBY DELETED from the list of properties to be ac- 
quired in Ordinance No. 124, dated July 11, 1980: 

222-24 N. Eutaw Street 

Sec b. And be it further ordained, That the Real Estate Acquisition Division of 
the Department of the Comptroller, or such person or persons and in such man- 
ner as the Board of Estimates, in the exercise of the power vested in it by Article 
V, Section 5 of the Baltimore City Charter, may hereafter from time to time 
designate, is or are authorized to acquire on behalf of the Mayor and City Council 
of Baltimore and for the purposes described in this o r di t mnc e ORDINANCE, the 
fee simple interest or any lesser interest in and to the properties or portions 
thereof hereinabove mentioned. If the said R e al Eatat e Acquiaition Division, 
PERSON OR PERSONS of th e D r part me nt o f t he Comptroll e r, o r such p e raun 
o r p er auna, and in auch ma t w icr aa th e Board of Eat ir t i at e a i n th e e x e rcia e of th e 
pow e r v e at e d i n it by Art i cl e V, S e ction 5 of th e Baltimo re City Cha r t e r, may 



290 ORDINANCES Ord. No. 101 

h e r e aft e r from time to tim e designate is or are unable to agree with the owner or 
owners on the purchase price for said properties or portions thereof, it or they 
shall forthwith notify the City Solicitor of Baltimore City, who shall thereupon 
institute in the name of the Mayor and City Council of Baltimore the necessary 
legal proceedings to acquire by condemnation, the fee simple interest or any 
lesser interest in and to said properties or portions thereof. 

Sec. 6. And be it further ordained, That the Permitted Uses, as contained in 
the amended Urban Renewal Plan under Section C.I., shall be revised to prohibit 
amusement arcades within the project area. 

Sec 7. And be it further ordained, That the boundaries of certain existing 
disposition/development lots shall be modified and certain new disposi- 
tion/development lots for commercial, mixed, or residential use shall be created, 
all as shown in the amended Urban Renewal Plan on Exhibit 2, Property Acquisi- 
tion/Land Disposition/Development Areas, dated as revised F e bruary 17, 1064 
MAY 28, 1984. 

Sec 8. And be it further ordained. That the standards and controls provided 
and/or revised for certain disposition/development lots, as contained in the 
amended Urban Renewal Plan under Section F.2., dated as revised February 17, 
1984, are hereby approved. 

SEC. 9. AND BE IT FURTHER ORDAINED, THAT THE CHANGES IN 
LAND USE OF CERTAIN PROPERTIES, AS SHOWN ON EXHIBIT 1, 
LAND USE PLAN, DATED AS REVISED FEBRUARY 17, 1984, ARE 
HEREBY APPROVED. 

SEC. 10. AND BE IT FURTHER ORDAINED, THAT SECTION K.l. OF 
THE URBAN RENEWAL PLAN, ENTITLED "ZONING" BE AMENDED TO 
READ AS FOLLOWS: 

"ALL APPROPRIATE PROVISIONS OF THE ZONING ORDINANCE OF 
BALTIMORE CITY SHALL APPLY TO PROPERTIES WITHIN THE PROJ- 
ECT AREA. ANY CHANGE IN THE ZONING ORDINANCE EMBODIED IN 
THIS URBAN RENEWAL PLAN. AND DESIGNATED ON EXHIBIT 3, ZON- 
ING DISTRICTS, SHALL BE APPROVED BY ORDINANCE IN ACCORD- 
ANCE WITH THE PROCEDURAL REQUIREMENTS OF THE ZONING 
ORDINANCE AND ARTICLE 66-B OF THE ANNOTATED CODE OF 
MARYLAND (1957 EDITION, AS AMENDED)." 

Sec. 9 11. And be it further ordained, That the section on Compliance in the 
Property Rehabilitation Standards, Appendix A of the Urban Renewal Plan shall 
be revised. Therefore, Page 25, lines 29-50 through Page 26, lines 51-58 of 
Ordinance 657, dated June 8, 1982 are hereby amended to read as follows: 

"III. COMPLIANCE 

All rehabilitation work necessary to meet the above standards for the 
Market Center shall be completed within two (2) years in the Special areas 
and within four (4) years in other areas from the effective date of Ordinance 



ORDINANCES 291 

No. 124, approved July 11, 1980 unless extended by the Commissioner of the 
Department of Housing and Community Development. Thereafter, all work 
shall be completed in accordance with the date of completion set forth in the 
notice from the Commissioner. Areas incorporated within the Market Center 
project boundaries after July 11, 1980, must complete rehabilitation work 
imthin two (2) years from the effective date of the Oi ' diitanee ORDINANCE 
in which the new areas were first included. No work, alterations or im- 
provements shall be undertaken after enactment of Ordinance No. 124, ap- 
proved July 11, 1980 which does not conform with the requirements herein. 
However, the Commissioner may waive compliance with one or more of 
these standards if such waiver is determined by the Commissioner not to 
adversely affect the Property Rehabilitation Objectives for the Market 
Center area. If the City and a property owner have entered into an agree- 
ment with respect to the rehabilitation of that owner's building(s), then com- 
pliance with the standards hereinabove set forth shall be waived by the Com- 
missioner, provided that the Commissioner determines that such waiver 
does not adversely affect the Property Rehabilitation Objectives of the 
Market Center. Nothing herein shall be construed to permit any sign, con- 
struction, alteration, change, repair, use of any other matter otherwise for- 
bidden or restricted or controlled by any other public law." 

Sec. i^ 12. And be it further ordained, That any person violating the provi- 
sions of Section 9 11 of this ordinance ORDINANCE shall be guilty of a misde- 
meanor and shall be subject to a fine not exceeding One Hundred Dollars 
($100.00) and that each day's violation shall constitute a separate offense. 

Sec. H 13. And be it further ordained, That the revised Exhibits: Exhibit 1, 
entitled Land Use Plan. DATED AS REVISED FEBRUARY 17, 1984; Exhibit 
2, entitled Property Acquisition/Land Disposition/Development Area AREAS, 
DATED AS REVISED MAY 28, 1984; and Exhibit 3, entitled Zoning Districts, 
dated as revised February 17, 1984, are hereby approved. 

Sec \2 14. And be it further ordained, That in whatever respect, if any, 
the Renewal Plan approved hereby for the Market Center area may not meet the 
requirements as to the content of a renewal plan or the procedure for the 
preparation, adoption, and approval of renewal plans as provided in Article 13 of 
the Baltimore City Code (1983 Replacement Volume), the said requirements are 
hereby waived and the amended Renewal Plan approved hereby is exempted 
therefrom. 

Sec i3 15. And be it further ordained. That in the event it be judicially de- 
termined that any word, phrase, clause, sentence, paragraph, section or part in 
or of this o r dinance ORDINANCE, or the application thereof to any persons or 
circumstances is invalid, the remaining provisions and the application of such 
provisions to other persons or circumstances shall not be affected thereby, the 
Mayor and City Council hereby declaring that they would have ordained the re- 
maining provisions of this o r dinanc e ORDINANCE without the word, phrase, 
clause, sentence, paragraph, section or part, or the application thereof so held 
invalid. 



292 ORDINANCES Ord. No. 101 

Sec 14 16. And be it further ordained, That in any case where a provision of 
this ordinance concerns the same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire or safety ordinance, or code or 
regulation, the applicable provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions are found to be in ir- 
reconcilable conflict with an existing provision of any other ordinance or code or 
regulation in force in the City of Baltimore which establishes a lower standard 
for the promotion and protection of the public health and safety, the provision of 
this ordinanc e ORDINANCE shall prevail, and the other existing provision of 
such other ordinance or code or regulation is hereby repealed to the extent that it 
may be found in conflict with this ordinanc e ORDINANCE. 

Sec 16 17. And be it further ordained, That this ordinanc e ORDINANCE shall 
take effect from the date of its passage. 



Approved June 19, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 102 
(Council No. 253) 
AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION - 
DEPARTMENT OF PUBLIC WORKS 

FOR the purpose of providing a supplementary special fund appropriation in the 
amount of Ninety-two Thousand Five Hundred Dollars ($92,500) to the 
Department of Public Works to be used for the acquisition of a parcel of land 
located southwest of Haines Street in the Carroll Industrial Park to be used in 
connection with the operation of the Southwest Resource Recovery Facility. 

BY authority of 

Article VI -Board of Estimates 

Section 2(hX3) 

Baltimore City Charter (1984 Revision as amended) 

WiiKKEAS, the money appropriated herein represents the amount of a payment 
to be made to the Mayor and City Council of Baltimore (the "City") by the North- 
east Maryland Waste Disposal Authority (the "Authority") in connection with the 
leasing by the City to the Authority of a parcel of land located southwest of 
Haines Street in the Carroll Industrial Park in Baltimore City (the "Property"), 
such amount being in addition to the revenues estimated and relied upon by the 
Board of Estimates in deternuning the tax levy required to balance the budget 
for the 1984 fiscal year, and said money is therefore available for appropriation 
to the Department of Public Works pursuant to the provisions of Article VI, Sec- 
tion 2(h) of the Baltimore City Charter (1964 Revision as amended); and 



ORDINANCES 293 

Whkreas, the additional sum herein appropriated is for a new prot^rani which 
could not reasoFiably be anticipated at the time of formulation of the proposed 
Ordinance of Estimates for the 1984 fiscal year, in accordance with Article VI, 
Section 2(hX3) of said Charter; and 

WntKbiAS, the supplementary special fund appropriation ordained herein has 
been recommended to the City Council by the Board of Estimates at a rej^lar 
meeting of said Board held on the 2nd day of May, 1984, in accordance with Arti- 
cle VI, Section 2(hX3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
under the provisioins of Article VI, Section 2(hX3) of the 1964 Revision of the 
Charter of Baltimore City as amended, the sum of Ninety-two Thousand Five 
Hundred Dollars ($92,500) shall be made available to the Department of Public 
Works of the City as a supplementary special fund appropriation for the fiscal 
year ending June 30, 1984 for the purpose of the acquisition of the Property. The 
amount thus made available as a supplementary special fund appropriation shall 
be expended from the amount of a payment to be made to the City by the 
Authority in connection with the leasing of the Property by the City to the 
Authority, said amount being in excess of the amount from this source which was 
estimated and relied upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1984 fiscal year; and said amount shall be 
the source of revenue for this supplementary special fund appropriation, as re- 
quired by Article VI, Section 2 of the Baltimore City Charter (1964 Revision as 
amended). 

Sec. 2. And be it further ordained. That this ordinance shall take effect from 
the date of its passage. 



Approved June 19, 1984 



WILLIAM DONALD SCHAEFER, Mayo, 



No. 103 
(Council No. 306) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS - 
(UNIVERSAL MARBLE AND GRANITE COMPANY PROJECT) 

F'OR the purpose of authorizing and empowering the Mayor and the City Council 
of Baltimore to issue and sell, at any time or from time to time and in one or 
more series, as limited obligations of the City and not upon its full faith and 
credit, its industrial development revenue bonds, in the aggregate principal 
amount not to exceed $700,000, pursuant and in accordance with, the 
Maryland Economic Development Revenue Bond Act, Sections 266-A to 266-1, 



294 ORDINANCES Ord. No. 103 

inclusive of Article 41 of the Annotated Code of Maryland (1983 Cumulative 
Supplement) (the "Act"), as amended, for the purpose of financing the acquisi- 
tion of approximately one acre of real property located at 1301-1325 Ridgely 
Street in Baltimore City, the renovation of an approximately 31,200 square 
foot building thereon, and the purchase and installation of certain machinery, 
equipment and other improvements therein, to be owned by Aaron I. Levy, a 
resident of the State of Maryland, and to be leased to Universal Marble & 
Granite Company, a Maryland corporation, as the sole tenant, for use as a 
manufacturing and warehouse facility; authorizing the Mayor of the City, on 
behalf of the City, to accept the letter of intent dated May 7, 1984 to the City; 
making certain legislative findings; reserving in the City certain rights con- 
cerning the issuance of such bonds; authorizing and empowering the Board of 
Finance of the City, by a resolution or resolutions adopted prior to the is- 
suance, sale and delivery of any series of such bonds, to (a) approve the is- 
suance of such bonds, (b) prescribe, among other things but not limited to, the 
form, terms, provisions, manner or method of issuing and selling (including 
negotiated as well as competitive bid sale), and the time or times of issuance, 
and any and all other details of such bonds, and (c) do any and all things 
necessary, proper or expedient in connection with the issuance and sale of 
such bonds; providing that Aaron I. Levy shall agree to submit any plans 
and specifications to, and to coordinate with, the Department of Housing and 
Community Development in connection with the completion of such facility; 
providing that such bonds (or bond anticipation notes issued in anticipation of 
the issuance of such bonds) must be issued and sold within six months from the 
date this Ordinance is approved by the Mayor, unless the Board of Finance 
approves one six month extension as provided in this Ordinance; authorizing 
the issuance of notes in anticipation of the issuance of such revenue bonds; and 
generally providing for and determining various matters and details in con- 
nection with the issuance and sale of such bonds and bond anticipation 
notes. 

RECITALS 

The Act empowers the Mayor and the City Council of Baltimore (the "City") to 
borrow money to finance undertakings for the accomplishment of any of the pur- 
poses, objects and powers of the City and in connection therewith to issue bonds, 
notes, or other obligations (including refunding bonds, notes or other 
obligations), all of which shall be fully negotiable, payable, as to both principal 
and interest, solely from and secured solely by a pledge of (I) the revenues from 
or arising in connection with the property, facilities, developments and im- 
provements whose financing is undertaken by the issuance of such bonds, notes 
or other obligations, (II) the revenues from or arising in connection with any con- 
tracts, mortgages or other securities purchased or otherwise acquired with the 
proceeds of such bonds, notes or other obligations, (III) the contracts, mortgages 
or other securities purchased or otherwise acquired with the proceeds of such 
bonds, notes or other obligations, or (IV) any combination of (I), (II) or (III). The 
purposes, objects and powers of the City contemplated by the Act include the 
relief of conditions of unemployment in Baltimore City, encouraging the increase 
of industry and a balanced economy in Baltimore City, promoting economic 
development in Baltimore City, and promoting the health, welfare and safety of 
the residents of Baltimore City. 



ORDINANCES 295 

The City has received a letter of intent dated May 7, 1984 (the "Letter of In- 
tent") from Aaron I. Levy (the "Borrower"), pursuant to which the Borrower has 
requested the City to participate in the financing of the costs of the completion 
by the Borrower of a certain facility in Baltimore City, Maryland (the "Facility"), 
by issuing and selling the City's industrial development revenue bonds in the ag- 
gregate principal amount not to exceed $700,000 (the "Bonds"), and by making 
the proceeds of the Bonds available to the Borrower to be used by the Borrower 
for the sole and exclusive purpose of financing the costs of the completion of the 
Facility by the Borrower. The Borrower anticipates that such financing may be 
insured by the Maryland Industrial Development Financing Authority. 

The Facility, which is an "undertaking" which will accomplish the purposes, ob- 
jects and powers of the City as mentioned in the Act, will consist generally of (a) 
the acquisition of a tract of land containing approximately one acre located at 
1301-1325 Ridgely Street in Baltimore City, (b) the renovation of an approx- 
imately 31,200 square foot building thereon, consisting of manufacturing and 
warehouse space, (c) the acquisition and installation in such building of any or all 
machinery and equipment, and any or all other improvements therein, as may be 
necessary or useful in connection with the operation thereof, and (d) the acquisi- 
tion of such other interests in land as may be necessary or suitable for the 
foregoing, including roads and rights of access, utilities and other necessary site 
preparation facilities. Upon completion, the Facility will be owned by the Bor- 
rower and leased to Universal Marble and Granite Company, a Maryland cor- 
poration, as the sole tenant, for use as a manufacturing and warehouse facility. 

The Act provides that the City may authorize and empower the Board of 
Finance of the City (the "Board") by resolution to determine and set forth the 
form, terms, provisions, manner or method of issuing and selling (including 
negotiated as well as competitive bid sale), and the time or times or issuance, and 
any and all other details of the Bonds and the issuance and sale thereof, and to do 
any and all things necessary, proper or expedient in connection with the issuance 
and sale of the Bonds. 

NOW, THEREFORE, IN ACCORDANCE WITH THE ACT: 

Section \. Be it ordained by the Mayor atid City Council of Baltimore, That 
acting pursuant to the Act, it is hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pursuant to the Act in order 
to make the proceeds thereof available to the Borrower for the sole and exclusive 
purpose of financing the costs of completion of the Facility will facilitate and ex- 
pedite the completion of the Facility by the Borrower. 

(2) The completion of the Facility by the Borrower and the financing of the 
costs of such completion as provided in this Ordinance will serve to promote the 
general purposes contemplated by the Act by (a) sustaining jobs and employment 
in Baltimore City; (b) promoting economic development in Baltimore City; (c) 
encouraging the increase of industry and a balanced economy in Baltimore City; 
(d) allowing the Borrower to maintain its commercial operations in Baltimore 
City. 



296 ORDINANCES Ord. No. 103 

(3) Any and all of the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within the meaning of Section 
7 of Article XI of the Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting or restricting the 
sale or issuance of bonds, notes or other obligations of the City. All the Bonds 
shall be limited obligations of the City, and shall be fully negotiable, payable, as 
to both principal and interest, solely from and secured solely by a pledge of (I) the 
revenues from or arising in connection with the Facility, (II) the revenues from 
or arising in connection with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise acquired with the proceeds 
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap- 
prove by a resolution or resolutions adopted prior to the issuance, sale and 
delivery of any of the Bonds. 

Sec. 2. And be it further ordained, That the City is hereby authorized and em- 
powered to issue and sell, at any time or from time to time and in one or m^re 
series, as limited obligations of the City and not upon its full faith and credit, its 
industrial development revenue bonds, in the aggregate principal amount not to 
exceed $700,000, subject to the provisions of this Ordinance. The proceeds of the 
Bonds will be made available to the Borrower under terms and conditions ap- 
proved by the Board and set forth in a Resolution, and used by the Borrower for 
the sole and exclusive purpose of financing the costs of the completion of the 
Facility. The City has been informed that the Borrower anticipates that the 
Bonds may be insured by the Maryland Industrial Development Financing 
Authority. 

Sec. 3. And be it further ordained, That this Ordinance constitutes the present 
intent of the City to issue the Bonds, and the Mayor of the City is hereby 
authorized to accept the Letters of Intent on behalf of the City in order to further 
evidence the present intent of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. The City intends that the enactment of 
this Ordinance shall be and constitute "official action" within the meaning of Sec- 
tion 1.103-8(aX5) of the Income Tax Regulations prescribed by the United States 
Department of Treasury pursuant to Section 103 of the Internal Revenue Code 
of 1954, as amended. The City and the Borrower contemplate that, upon the ef- 
fectiveness of this Ordinance, the Borrower may commence the acquisition of the 
Facility prior to the issuance, sale and delivery of the Bonds; provided, however 
that if the Borrower proceeds with the acquisition of the Facility prior to the 
adoption of a resolution by the Board, as described in Section 5(a) below, the Bor- 
rower does so at his own risk. 

Sec. \. And be it further ordained, That the City reserves the right, in its sole 
and absolute discretion, to take any actions deemed necessary by the City in 
order to insure that the City (a) complies with present federal and State laws and 
any pending or future federal or State legislation, whether proposed or enacted, 
which may restrict the issuance of industrial development bonds, and (b) issues 
its bonds (within the meaning of the Enabling Law and any present or future 
State and local laws), within the limits imposed by any such present laws or any 
such pending or future legislation or any future local laws, to finance those 



ORDINANCES 297 

facilities which the City determines, in its sole and absolute discretion, will pro- 
vide the greatest benefit to the City. 

Pursuant to the provisions of this Section 4, the City reserves the right, in its 
sole and absolute discretion, to, among other things, (1) never issue the Bonds, (2) 
issue only a portion of the aggregate principal amount of the Bonds requested by 
the Applicant, (3) restrict the use of the proceeds of the Bonds, (4) delay in- 
definitely the issuance of the Bonds, or (5) take any other actions deemed 
necessary by the City, in its sole and absolute discretion, in order to insure that 
the City achieves the goals set forth in the preceding paragraph. 

In addition, in the event that any present law or any pending or future legisla- 
tion limits or would limit (by a volume cap or otherwise) the City's ability to issue 
bonds or other obligations, the interest payable on which is to be exempt from 
federal income taxation, the City reserves the right to choose to issue its bonds 
(within the meaning of the Act and any present or future State and local laws) for 
facilities other than the Facility, in such order of priority as it may determine in 
its sole and absolute discretion. 

Sec. 5. And be it further ordained, That, as permitted by the Act, the Board is 
hereby authorized and empowered, by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any of the Bonds, to: 

(a) approve the issuance of the Bonds; 

(b) prescribe, among other things but not limited to, the form, terms, provi- 
sions, manner or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of the Bonds and the issuance and sale thereof; 

(c) approve (i) the pledge or assignment by the City of any of the security 
described in Section 6 of this Ordinance, pursuant to a trust agreement or similar 
agreement, (ii) the form of any such trust agreement or similar agreement, as 
provided in the Act, and (iii) such provisions in any such trust agreement or 
similar agreement as the Board may deem reasonable and proper for the security 
of the holders of the Bonds; 

(d) approve the terms and conditions, including but not limited to the terms and 
conditions of any documents to be executed and delivered by the City (other than 
customary financing statements and closing certificates), under which the pro- 
ceeds of the Bonds will be made available to the Borrower to finance the costs of 
the completion of the Facility; and 

(e) do any and all things necessary, proper or expedient in connection with the 
issuance, sale and delivery of the Bonds. 

Sec. 6. And be it further ordained. That any and all of the Bonds shall not be 
general obligations of the City and shall not be a pledge of or involve the faith 
and credit or the taxing power of the City, and shall not constitute a debt of the 
City, all within the meaning of Section 7 of Article XI of the (Constitution of 
Maryland or any other constitulional, statutory or charter provision limiting or 



298 ORDINANCES Ord. No. 103 

restricting the sale or issuance of bonds, notes or other obligations of the City. 
All of the Bonds shall be limited obligations of the City, and shall be fully 
negotiable, payable, as to both principal and interest, solely from and secured 
solely by a pledge of (I) the revenues from or arising in connection with the Facili- 
ty, (II) the revenues from or arising in connection with any contracts, mortgages 
or other securities purchased or otherwise acquired with the proceeds of the 
Bonds, (III) the contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, or (IV) any combination of (I), (II) or 
(III), all as the Board may approve by a resolution or resolutions adopted prior to 
the issuance, sale and delivery of any of the Bonds. 

Sec. 7. And be it further ordained, That the Borrower shall agree that: 

(a) it will submit any plans and specifications for the Facility to the Department 
of Housing and Community Development for approval, and that the Department 
of Housing and Community Development may refuse approval of any plans and 
specifications for aesthetic or functional reasons; and 

(b) it and its developers will work with the design advisory group appointed by 
the Department of Housing and Community Development in order to achieve 
high quality site, building, and landscape design. 

Sec. 8. And be it further ordained, That any and all of the Bonds shall be ex- 
ecuted in the name of the City and on its behalf by the Mayor of the City, by his 
manual or facsimile signature, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal, by his manual signature. Any trust agreement or 
other documents as the Board shall deem necessary to effectuate the issuance, 
sale and delivery of the Bonds shall be executed in the name of the City and on its 
behalf by the Mayor of the City by his manual or facsimile signature, and the cor- 
porate seal of the City or a facsimile thereof shall be impressed or otherwise 
reproduced thereon and attested by the Custodian of the City Seal by his manual 
signature. In case any officer whose signature or a facsimile of whose signature 
shall appear on the Bonds or any of the aforesaid documents shall cease to be 
such officer before the delivery of the Bonds or any of the other aforesaid 
documents, such signature or such facsimile shall nevertheless be valid and suffi- 
cient for all purposes, the same as if such officer had remained in office until 
delivery. The Mayor of the City, the Director of Finance of the City, the Custo- 
dian of the City Seal and other officials of the City are hereby authorized and em- 
powered to do all such acts and things and execute such documents and cer- 
tificates as the Board may determine by resolution to be necessary to carry out 
and comply with the provisions hereof. 

Sec. 9. And be it further ordained, That any and all necessary financing 
statements required for the consummation of the transactions authorized by this 
Ordinance may be executed on behalf of the City by the Mayor of the City or by 
the Chief, Bureau of Treasury Management of the City or by such other ap- 
propriate official of the City as may be designated by the Mayor of the City to ex- 
ecute such financing statements. 



ORDINANCES 299 

Sec. 10. And be it further ordained, That the authority to issue the Bonds is in- 
tended and shall be deemed to include the authority to issue bond anticipation 
notes pursuant to Section 12 of Article 31 of the Annotated Code of Maryland 
(1983 Replacement Volume), as amended (the "Bond Anticipation Note Enabling 
Legislation"). Reference in this Ordinance to the "Bonds" shall include such bond 
anticipation notes where appropriate. Prior to the issuance, sale and delivery of 
any series of bond anticipation notes, the Board shall adopt a resolution or resolu- 
tions, to: 

(a) approve the issuance of such bond anticipation notes; 

(b) prescribe, among other things but not limited to, the form, terms, provi- 
sions, manner or method of issuing and selling (including negotiated as well as 
competitive bid sale), and the time or times of issuance, and any and all other 
details of such bond anticipation notes and the issuance and sale thereof; 

(c) approve (i) the pledge or assignment by the City of any of the security 
described in Section 6 of this Ordinance, pursuant to a trust agreement or similar 
agreement, (ii) the form of any such trust agreement or similar agreement, as 
provided in the Act, and (iii) such provisions in any such trust agreement or 
similar agreement as the Board may deem reasonable and proper for the security 
of the holders of such bond anticipation notes; 

(d) approve the terms and conditions, including but not limited to the terms and 
conditions of any documents to be executed and delivered by the City (other than 
customary financing statements and closing certificates), under which the pro- 
ceeds of such bond anticipation notes will be made available to the Borrower to 
finance the costs of the completion of the Facility; and 

(e) do any and all things necessary, proper or expedient in connection with the 
issuance, sale and delivery of such bond anticipation notes. 

In accordance with the Bond Anticipation Note Enabling Legislation the City 
hereby covenants to pay any bond anticipation notes issued pursuant to this Sec- 
tion of this Ordinance and the interest thereon from the proceeds of the Bonds in 
anticipation of the sale of which such notes are issued, and the City hereby fur- 
ther covenants to issue such Bonds, as the case may be, when, and as soon as, the 
reason for deferring the issuance of the Bonds no longer exists. The timely is- 
suance of such Bonds, however, is dependent upon matters not within the control 
of the City, including (without limitation) the existence of a purchaser or pur- 
chasers for such Bonds at the lime the reason for deferring the issuance of the 
Bonds no longer exists and the effectiveness of various actions taken by the Bor- 
rower, its officers, agents and employees. 

St:( . II. And be it further ordained. That the provisions of this Ordinance are 
severable, and if any provision, sentence, clause, section or part hereof is held il- 
legal, invalid or unconstitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect 
or im{)air any of the remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this Ordinance would have been 



300 ORDINANCES Ord. No. 104 

passed if such illegal, invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included herein, and if the person or circumstances to 
which this Ordinance or any part hereof are inapplicable had been specifically 
exempted herefrom. 

Sec. 12. And be it further ordained, That either the Bonds or bond anticipation 
notes issued pursuant to Section 10 of this Ordinance in anticipation of the is- 
suance of the Bonds must be issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the City; provided, however, 
that the Board, after a showing of good cause at a public hearing held before the 
Board prior to or after the expiration of such six month period, may extend the 
period during which either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed six months from the date on 
which the first six month period expired. The Board, in its sole discretion, and 
without action by the City Council, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested extension of the six month 
period. If an extension is granted, notice of such extension and the reasons 
therefor must be sent to the City Council. To the extent that neither the Bonds 
nor such bond anticipation notes are issued and sold within twelve months from 
the date on which this Ordinance is approved by the Mayor of the City, the 
authority provided in this Ordinance for the City to issue and sell the Bonds and 
such bond anticipation notes shall expire. 

Sec. 13. And be it further ordained, That this Ordinance shall take effect from 
the date of its passage. 



Approved June 21, 1984 



WILLIAM DONALD SCHAEFER. Mmjor. 



No. 104 
(Council No. 117) 

AN ORDINANCE concerning 

CITY PROPERTY -SALE 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to sell 
either at public or private sale all the interest of the Mayor and City Council of 
Baltimore in and to a certain parcel of land no longer needed for public use 
located at the Northwest Corner Fallsway and North Gay Street, Block 
1265-A, Lots 1 and 29, also known as 218 North Gay Street. 

BY authority of 

Article V- Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision as amended) 

Section \. Beit ordained by the Mayor and City Council of Ballunore. That 
the Comptroller of Baltimore City be and he is hereby authorized to sell at either 



ORDINANCES 301 

public or private sale in accordance with Article V Section 5(b) of the City 
Charter, all of the interest of the Mayor and City Council of Baltimore in and to 
that parcel of land situate in Baltimore, Maryland, and described as follows: 

BEGINNING for the same at the point formed by the intersection of the 
northeast side of Fallsway, as now laid out 120 feet wide, and the northwest 
side of Gay Street, as now laid out, and running thence binding on the north- 
west side of said Gay Street, Northeasterly 18 feet, more or less, to intersect 
the center line of the partition wall between the 4 story brick building (now 
razed) on the lot being herein described known as No. 218 N. Gay Street and 
the 4 story brick building situate on the lot adjoining on the northeast thereof 
known as No. 220/222 N. Gay Street; thence binding on the center line of said 
partition wall, and reversely on the third line of the parcel of land conveyed by 
Beryl Cohen and Wife to the Mayor and City Council of Baltimore by deed 
dated July 24, 1957 and recorded among the Land Records of Baltimore City 
in Liber J.F.C. No. 160, Folio 403, there situate, Northwesterly 77 feet, more 
or less, to intersect the southeast side of a 10 foot alley, there situate; thence 
binding on the southeast side of said 10 foot alley, Southwesterly 24 feet, more 
or less, to intersect the northeast side of said Fallsway, and thence binding on 
the northeast side of said Fallsway, Southeasterly 79 feet, more or less, to the 
place of beginning. 

Said property being no longer needed for public use. 

Sec. 2. Be it further ordained. That no deed or deeds shall pass in accordance 
herewith until the same shall have been first approved by the City Solicitor. 

Sec. 3. And be it further ordained. That this ordinance shall take effect from 
the date of its passage. 

Approved June 20, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



302 ORDINANCES Ord. No. 105 

No. 105 
(Council No. 139) 
AN ORDINANCE concerning 

ZONING- APPROVAL FOR CONDITIONAL USE 
HOUSING FOR THE ELDERLY -2701, 2705 WALBROOK AVENUE 

FOR the purpose of granting permission for the establishment, maintenance and 
operation of housing for the elderly on the properties known as 2701, 2705 
Walbrook Avenue, as outlined in red on the plats accompanying this 
ordinance. 

BY authority of 
Article 30 -Zoning 
Sections 6.3-ld and 11.0-6d 
Baltimore City Code (1983 Replacement Volume, as amended) 

Section I. Be it ordained by the Mayor and City Council of Baltimore, That 
permission is hereby granted for the establishment, maintenance and operation 
of housing for the elderly on the properties known as 2701, 2705 Walbrook 
Avenue as outlined in red on the plats accompanying this ordinance, under the 
provisions of Sections 6.3-ld and 1 1 .0-6d of Article 30 of the Baltimore City Code 
(1983 Replacement Volume, as amended) title "Zoning". 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development, the 
Supervisor of Assessments for Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved June 20, 1984 

WILLIAM DONALD SCHAEFEK. Mayor. 



ORDINANCES 303 

No. 106 
(Council No. 162) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION 

FOR the purpose of consenting to and approving a Petition, dated March 1, 
1979, for the extension of the MetropoUtan District of Baltimore County to a 
tract of land in the Second and Fourth Election Districts along the Owings 
Mills Town Center south of Dolfield Road and north and west of Painters Mill 
Road and Meadow Road and in accordance with the provisions of Chapter 539 
of the Acts of the General Assembly of Maryland 1924, as amended by 
Chapter 515 of the Acts of 1955. 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
the Petition, dated November 21, 1983, for the extension of the Metropolitan 
Districts of Baltimore County to a tract of land in the Second and Fourth Elec- 
tion Districts of Baltimore County along the Owings Mills Town Center south of 
Dolfield Road and norih and west of Painters Mill Road and Meadow Road, more 
particularly shown on two plats filed in the Department of Public Works of 
Batimore County numbered 82-0002 is in accordance with the authority granted 
by Chapter 539 of the Acts of the General Assembly of Maryland 1924, and 
amended by Chapter 515 of the Acts of 1955 hereby consented to and approved. 

Sec. 2. And be it further ordained, That this ordinance shall take effect from 
the date of its passage. 



Approved June 20, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 107 
(Council No. 165) 

AN ORDINANCE concerning 

VEHICULAR TRAFFIC IN MALLS 

FOR the purpose of authorizing the Commissioner of Transit and Traffic to 
regulate by administrative action the types of vehicles and the hours they are 
permitted in certain ahuppmg TRANSIT malls. 

BY adding 

Article 31 -Transit and Traffic 

Subtitle -Commissioner of Transit and Traffic 

Sec t i on 2(23a) SECTIONS 2(25) AND 28(43A) 

Baltimore City Code (1983 Replacement Volume, as amended) 



304 ORDINANCES Ord. No. 108 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (1983 Replacement Volume, as amended) 
be added, repealed, or amended, to read as follows: 

ARTICLE 31 -TRANSIT AND TRAFFIC 

Commissioner of Transit and Traffic 

2. Powers and duties. 

(t^ (25) E s lablu i h by adminu i traliv e aetivn ADOPT AND PROMULGATE 
rules and regulations which prohibit certain types of vehicular traffic during 
certain hours in order to improve the movement of pedestrians and transit 
vehicles on certain streets designated by the Commissioner as transit malls. 

28. DEFINITIONS LISTED. 

(43A) TRANSIT MALL. A TRANSIT MALL IS A STREET SO 
DESIGNATED BY THE COMMISSIONER UPON WHICH VEHICULAR 
TRAFFIC OTHER THAN TRANSIT VEHICLES IS PROHIBITED DURING 
CERTAIN HOURS BY RULE OR REGULATION ADOPTED AND PRO- 
MULGATED BY THE COMMISSIONER. 

Sec. 2. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved June 20, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 108 
(Council No. 196) 

AN ORDINANCE concerning 

WAIVER OF CERTAIN BUILDING CODE PROVISION 

FOR the purpose of waiving a certain provision of Article 32 of the Baltimore 
City Code (1983 Supplement), said Article being known generally as the 
Building Code of Baltimore City, in order to permit certain permafient im- 
provements to be constructed under the public way at a certain location in the 
City in connection with the project to be known as 100 Hopkins Place. 

BY waiving 

Article 32 -Baltimore City Building Code 
Subtitle -Permanent Projections in Streets 
Section 310.1 
Baltimore City Code (1982 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of BaUimort'. That 
the provisions of Section 310.1, entitled "Subsurface structures." of Article 32 of 



ORDINANCES 305 

the Baltimore City Code (1982 Supplement), said Article known generally as the 
Building Code of Baltimore City, be and they are hereby waived in order to per- 
mit the construction and maintenance, at the cost and expense of the property 
owner, of a permanent 61 inch projection of concrete pile caps to support the 
building columns, which piles and pile caps are to be constructed within the area, 
beginning at a point on the south side of Lombard Street, approximately 21.71' 
Easterly from the south east corner of Howard and Lombard Streets and extend- 
ing to the north approximately 5.08 feet, thence easterly approximately 201 feet, 
thence southerly approximately 5.08 feet, thence westerly approximately 201 
feet returning to the place of beginning. Such construction is necessary for the 
efficient utilization of a total area of the site, said site being more particularly 
described in the application and plans of Days Inns of America Construction, Inc. 
filed with the Department of Housing and Community Development, said project 
to be known as "100 Hopkins Place." This 61 inch projection shall apply only to 
the piles and pile caps and not to the walls and columns supported by such piles 
and pile caps. The bottom of such piles shall be at a depth of approximately 24 
feet below the elevation 42 feet (lowest first floor elevation of the building), and 
the top of such piles and pile caps shall be at a depth of approximately one foot 
below elevation 42 feet (lowest first floor elevation of the building). In any other 
respect, construction of such concrete footings shall be in compliance with all 
other pertinent ordinances, regulations and building code of the Mayor and City 
Council requirements of the Department of Housing and Community Develop- 
ment and the Department of Public Works. The construction of the aforemen- 
tioned concrete piles and pile caps shall be installed, constructed, operated and 
maintained in accordance with the plan and design as shown on a drawing of 
NAM Reno, Reno, Nevada, entitled "Foundation Plan" dated February 3, 1984, 
as revised, and numbered RS15, which in all respects is hereby made a part of 
this ordinance. 

Stc. 2. And be it further ordained, That this ordinance shall take effect from 
the dale of its passage. 



Approved June 20. 1984 



WILLIAM DONALD SCHAEFER. Mnyot 



No. 109 
(Council No. 247) 
AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 
LEXINGTON STREET 

FOR the purpose of repealing Section 243 (35), of Article 31 of the Baltimore 
City Code 1966 Edition), title "Transit and Traffic" as amended by Ordinance 
920 ap[)r()ved June 24. 1975 which made this section a permanently effective 
administrative order. 



306 ORDINANCES Ord. No. 110 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
Section 243 (35) of Article 31 of the Baltimore City Code (1966 Edition) title 
"Transit and Traffic" as amended by Ordinance 920 approved June 24, 1975, is 
hereby repealed and reserved parking on the north side of Lexington Street from 
Holliday Street to a point 110* east of Holliday Street therein provided is hereby 
rescinded. 

Sec. 2. And be it further ordained, That this ordinance shall take effect upon 
the date of its passage. 



Approved June 20, 1984 



WILLIAM DONALD SCHAEFER. Mayot 



No. 110 
(Council No. 264) 

AN ORDINANCE concerning 

PARKING-RESERVED 
BYRD STREET 

FOR the purpose of providing for reserved parking on Byrd Street near Heath 
Street for Virginia Murphy displaying a permit. 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That on 
Byrd Street, west side, from a point 30' south of Heath Street to a point 52' south 
of Heath Street, parking is reserved for Virginia Murphy displaying a permit. 

Sec. 2. And be it further ordained. That this ordinance shall take effect from 
the date of its passage. 

Approved June 20, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 307 

No. HI 
(Council No. 308) 
AN ORDINANCE concerning 

MULTIFAMILY RENTAL HOUSING REVENUE BONDS - 
THE HOPKINS APARTMENTS (GNMA COLLATERALIZED) 

FOR the purpose of authorizing and empowering Mayor and City Council of 
Baltimore to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its full faith and credit, 
its industrial development revenue bonds, in the ORIGINAL aggregate prin- 
cipal amount not to exceed $2,500,000, pursuant to the provisions of Sub- 
section (50) of Article II of the Charter of Baltimore City (1964 Revision), as 
amended, for the sole and exclusive purpose of financing the costs of the ac- 
quisition and renovation by Baltimore Apartments Limited Partnership, a 
Maryland limited partnership, (the "Borrower") of a certain project in 
Baltimore City located at 3100 St. Paul Street, consisting generally of the ac- 
quisition of such project which contains 144 residential units and 5 offices and 
is known as "The Hopkins," the renovation and equipping of such building, to 
be owned by the Borrower and operated as a rental apartment facility; 
authorizing the Mayor of the City, on behalf of the City, to accept the letter of 
intent from the Rojac Group, Inc., to the City dated April 9, 1984, making cer- 
tain legislative findings; authorizing and empowering the Board of Finance of 
the City, by a resolution or resolutions adopted prior to the issuance, sale and 
delivery' of any series of such bonds, to (a) prescribe, among other things but 
not limited to, the form, terms, provisions, manner or method of issuing and 
selling (including negotiated as well as competitive bid sale), and the time or 
times of issuance, and any and all other details of such bonds, and (b) do any 
and all things necessary, proper or expedient in connection with the issuance 
and sale of such bonds; providing that such bonds must be issued and sold 
within six months from the date this Ordinance is approved by the Mayor, 
unless the Board of Finance approves one six month extension as provided in 
this Ordinance; and generally providing for and determining various matters 
and details in connection with the issuance and sale of such bonds. 

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision), as 
amended (the "Enabling Law"), empowers Mayor and City Council of Baltimore 
(the "City") to borrow money to finance undertakings for the accomplishment of 
any of the purposes, objects and powers of the City and in connection therewith 
to issue bonds, notes, or other obligations (including refunding bonds, notes or 
other obligations), all of which shall be fully negotiable, payable, as to both prin- 
cipal and interest, solely from and secured solely by a pledge of (1) the revenues 
from or arising in connection with the property, facilities, developments and im- 
provements whose financing is undertaken by the issuance of such bonds, notes 
or other obligations, (II) the revenues from or arising in connection with any con- 
tracts, mortgages or other securities purchased or otherwise acquired with the 
proceeds of such bonds, notes ur other obligations, (III) the contracts, mortgages 
or other securities purchased ur otherwise acquired with the proceeds of such 
bonds, notes or other obligations, or (IV) any combination of (I), (II) or (III). The 



308 ORDINANCES Ord. No. Ill 

purposes, objects and powers of the City contemplated by the Enabhng Law in- 
clude acquisition and renovation of an older structure into modern apartment 
units and thereby increasing the availability of rental housing in Baltimore City 
and increasing the City's tax base, the relief of conditions of unemployment in 
Baltimore City, encouraging the increase of industry and a balanced economy in 
Baltimore City, promoting economic development in Baltiniore City, and pro- 
moting the health, welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent from the Rojac Group, Inc., on behalf of 
Baltimore Apartments Limited Partnership, a Maryland limited partnership (the 
"Borrower"), dated April 9, 1984, (such letter of intent is hereinafter referred to 
as the "Letter of Intent"), pursuant to which The Rojac Group, Inc., on behalf of 
the Borrower, has requested the City to participate in the financing of the costs 
of the completion by the Borrower of a certain project in Baltimore City, 
Maryland (the "Project"), by issuing and selling the City's industrial development 
revenue bonds in the aggregate principal amount not to exceed $2,500,000 (the 
"Bonds"), and by making the proceeds of the Bonds available to the Borrower to 
be used by the Borrower for the sole and exclusive purpose of financing the costs 
of the acquisition and rehabilitation of the Project by the Borrower. 

The Project, which is an "undertaking" which will accomplish the purposes, ob- 
jects and powers of the City as mentioned in the Enabling Law, will consist 
generally of the acquisition of (i) a parcel of land containing approximately 1.923 
acres located at 3100 St. Paul Street in Baltimore City, and (ii) the building 
thereon, which contains 144 residential units and 5 offices and is known as "The 
Hopkins," (b) the renovation of such building, (c) the acquisition and installation 
in such building of any or all machinery and equipment, and any and all other im- 
provements therein, as may be necessary or useful in connection with the opera- 
tion thereof as a rental apartment facility, and (d) the acquisition of such other in- 
terests in land as may be necessary or useful for the foregoing, including roads 
and rights of access, utilities and other necessary site preparation facilities. 
Upon completion, the Project will be owned by the Borrower and operated as a 
rental apartment facility. 

The Enabling Law provides that the City may authorize and empower the 
Board of Finance of the City (the "Board") by resolution to determine and set 
forth the form, terms, provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and the time or times of is- 
suance, and any and all other details of the Bonds and the issuance and sale 
thereof, and to do any and all things necessary, proper or expedient in connection 
with the issuance and sale of the Bonds. 

NOW, THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW: 

Section 1. Be it ordained by Mayor and City Council of Baltimore, Tliat acting 
pursuant to the Enabling Law, it is hereby found and determined as follows: 

1. The issuance and sale of the Bonds by the City pursuant to the Enabling Law 
in order to make the proceeds thereof available to the Borrower for the sole and 
exclusive purpose of financing the costs of completion of the Project will 
facilitate and expedite the completion of the Project by the Borrower. 



ORDINANCES 309 

2. The completion of the Project by the Borrower and the financing of the costs 
of such completion as provided in this Ordinance will serve to promote the 
general purposes contemplated by the Enabling Law by (a) renovating an older 
structure into modern apartment units and thereby preserving and increasing 
the availability and quality of rental housing in Baltimore City and increasing the 
City's tax base; (b) promoting economic development in Baltimore City; (c) en- 
couraging the increase of industry and a balanced economy in Baltimore City; 
and (d) promoting the health, welfare and safety of the residents of Baltimore 
City. 

3. Any and all of the Bonds shall not be general obligations of the City and shall 
not be a pledge of or involve the faith and credit or the taxing power of the City, 
and shall not constitute a debt of the City, all within the meaning of Section 7 of 
Article XI of the Constitution of Maryland or within the meaning of any other 
constitutional, statutory' or charter provision limiting or restricting the sale or is- 
suance of bonds, notes or other obligations of the City. All of the Bonds shall be 
limited obligations of the City, and shall be fully negotiable, payable, as to both 
principal and interest, solely from and secured solely by a pledge of (I) the 
revenues from or arising in connection with a mortgage-backed security the prin- 
cipal and interest on which are fully guaranteed by the United States govern- 
ment acting by and through the Government National Mortgage Association 
("GNM A"), which security is based on and backed by a deed of trust or mortgage 
on the Project, (II) the revenues from or arising in connection with any contracts, 
mortgages or other securities purchased or otherwise acquired with the proceeds 
of the Bonds, (III) the contracts, mortgages or other securities purchased or 
otherwise acquired with the proceeds of the Bonds, or (IV) any combination of (I), 
(II) or (III), all as the Board may approve by a resolution or resolutions adopted 
prior to the issuance, sale and delivery of any of the Bonds. 

Stc. 2. And be it further ordained, That the City is hereby authorized and em- 
powered to issue and sell, at any time or from time to time and in one or more 
series, as limited obligations of the Cit>' and not upon its full faith and creiiit, its 
multifamily rental housing revenue bonds, in the ORIGIN.AL aggregate principal 
amount not to exceed $2,5UU,U00, subject to the provisions of this Ordinance. The 
proceeds of the Bonds \sill be made available to the Borrower tlirough DR(] Fund- 
ing CorjKiration, a Delaware corporation (the "Lender") under terms and conditions 
approved by the Board and set forth in a Resolution, and used by the Borrower 
for the sole and exclusive purpose of financing the costs of the completion of the 
Project. 

Sk( . 3. And be it further ordained. That this Ordinance constitutes the present 
intent of the City to issue the Bonds, and the Mayor of the City is hereby 
authorized to accept the Letter of Intent on behalf of the City in order to further 
evidence the present intent of the City to issue the Bonds in accordance with the 
terms and provisions of this Ordinance. 

Slc . 4. And be it further ordained. That, as permitted by the Enabling Law, 
the Board is hereby authorized and empowered, by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of the Bonds, to: 



310 ORDINANCES Ord. No. HI 

(a) prescribe, among other things but not limited to, the amount, torm, terms, 
provisions, manner or method of issuing and seUing (including negotiated as well 
as competitive bid sale), and the time or times of issuance, and any and all other 
details of the Bonds and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City of any of the security 
described in Section 5 of this Ordinance, pursuant to a trust agreement or similar 
agreement, (ii) the form of any trust agreement or similar agreement, as pro- 
vided in the Enabling Law, and (iii) such provisions in any such trust agreement 
or similar agreement as the Board may deem reasonable and proper for the 
security of the holders of the Bonds; 

(c) approve the terms and conditions, including but not limited to the terms and 
conditions of any documents to be executed and delivered by the City (other than 
customary financing statements and closing certificates), under which the pro- 
ceeds of the Bonds will be made available to the Borrower, through the Lender, 
to finance the costs of acquisition and rehabilitation of the Project; and 

(d) do any and all things necessary, proper or expedient in connection with the 
issuance, sale and delivery of the Bonds. 

Sec. 5. And be it further ordained, That any and all of the Bonds shall not be 
general obligations of the City and shall not be a pledge of or involve the faith 
and credit or the taxing power of the City, and shall not constitute a debt of the 
City, all within the meaning of Section 7 of Article XI of the Constitution of 
Maryland or any other constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other obligations of the City. 
All of the Bonds shall be limited obligations of the City, and shall be fully 
negotiable, payable, as to both principal and interest, solely from and secured 
solely by a pledge of (I) the revenues from or arising in connection with a mort- 
gage backed security the principal and interest on which are fully guaranteed by 
the United States government acting by and through the Government National 
Mortgage Association ("GNMA"), which security is based on and backed by a 
deed of trust or mortgage on the Project, (II) the revenues from or arising in con- 
nection with any contracts, mortgages or other securities purchased or otherwise 
acquired with the proceeds of the Bonds, (III) the contracts, mortgages or other 
securities purchased or otherwise acquired with the proceeds of the Bonds, or 
(IV) any combination of (I), (II), or (III), all as the Board may approve by a resolu- 
tion or resolutions adopted prior to the issuance, sale and delivery of any of the 
Bonds. 

Sec. 6. And be it further ordained, That any and all of the Bonds shall be ex- 
ecuted in the name of the City and on its behalf by the Mayor of the City, by his 
manual or facsimile signature, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon and attested by the 
Custodian of the City Seal, by his manual or facsimile signature. If the Bonds are 
required to be manually signed by a trustee, issuing agent, fiscal agent, 
registrar, or other agent or custodian, the signatures of the Mayor, the Director 
of Finance and the Custodian of the City Seal may be executed by facsimile. Any 



ORDINANCES 311 

trust atjreement or other documents as the Board shall deem necessary to effec- 
tuate the issuance, sale and delivery of the Bonds shall be executed in the name 
of the City and on its behalf by the Mayor of the City by his manual or facsimile 
si^ature, and the corporate seal of the City or a facsimile thereof shall be im- 
pressed or othe^\^'ise reproduced thereon and attested by the Custodian of the 
City Seal by his manual signature. In case any officer whose signature or a fac- 
simile of whose signature shall cease to be such officer before the delivery of the 
Bonds or any of the other aforesaid documents, such signature or such facsimile 
shall nevertheless be valid and sufficient for all purposes, the same as if such of- 
ficer had remained in office until delivery. The Mayor of the City, the Director of 
Finance of the City, the Custodian of the City Seal and other officials of the City 
are hereby authorized and empowered to do all such acts and things and execute 
such documents and certificates as the Board may determine by resolution to be 
necessary to carry out and comply with the provisions hereof. 

Sec. 7. Ajid be it further ordained, That any and all necessary financing 
statements required for the consummation of the transactions authorized by this 
Ordinance may be executed on behalf of the City by the Mayor of the City or by 
the Chief, Bureau of Treasury Management of the City or by such other ap- 
propriate official of the Cit>' as may be designated by the Mayor of the City to ex- 
ecute such financing statements. 

Se( . 8. Afid be it further ordained, That the provisions of this Ordinance are 
severable, and if any provision, sentence, clause, section or part hereof is held il- 
legal, invalid or unconstitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect 
or impair any of the remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included herein, and if the person or circumstances to 
which this Ordinance or any part hereof are inapplicable had been specifically 
exempted herefrom. 

Stc. 9. And be it further ordained, That the Bonds must be issued and sold 
within six months from the date on which this Ordinance is approved by the 
Mayor of the City; provided, however, that the Board, after a showing of good 
cause at a public hearing held before the Board prior to or after the expiration of 
such six month period, may extend the period during which the Bonds may be 
issued and sold for one additional term not to exceed six months from the date on 
which the first six month perioii expired. The Board, in its sole discretion, and 
without action by the City Council, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested extension and the reasons 
therefor must be sent to the City Council. To the extent that the Bonds are not 
issued and sold within twelve months from the date in which this Ordinance is ap- 
proved by the Mayor of the City, the authority provided in this Ordinance for the 
City to issue and sell the Bonds shall expire. 

Stli-. 10. And be it further ordained. That this Ordinance shall take effect from 
the date of its passage. 

Approved June 26, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



312 ORDINANCES Ord. No. 112 

No. 112 
(Council No. 145) 

AN ORDINANCE concerning 

AMBULANCES 

FOR the purpose of defining certain terms, requiring an application and license 
for an ambulance company, and an ambulance; requiring an application and 
permit to be an attendant or an attendant-driver; establishing requirements 
and standards for an ambulance company license, ambulance license, am- 
bulance equipment, attendant, attendant-driver; requiring insurance for an 
ambulance company and ambulances; providing for the suspension and revoca- 
tion of permits and licenses; providing for fees for ambulance company license, 
ambulance license, attendant permit, attendant-driver permit AND PROVID- 
ING EXEMPTIONS FOR CERTAIN NON-PROFIT ORGANIZATIONS; re- 
quiring an ambulance company to maintain certain reports; AUTHORIZING 
THE HEALTH OFFICER TO ISSUE A SUBPOENA FOR RECORDS OR 
PERSONS; PROVIDING FOR ADMINISTRATIVE HEARINGS BEFORE 
THE HEALTH OFFICER; authorizing the Health Officer to adopt and pro- 
mulgate general regulations concerning standards, requirements and the man- 
ner of operation of ambulance companies, ambulances, attendants and attend- 
ant drivers; providing for appeals from actions of the Health Officer; pro- 
viding for penalties for violation of this subtitle and regulations issued pur- 
suant thereto. 

BY repealing 

Article 15 -Licenses 

Subtitle - Ambulances - 

Sections 1 to 7 

Baltimore City Code (1983 Replacement Volume, as amended) 

BY adding 

Article 11 -Health 

To come under the new subtitle "Ambulances" 

Sections 252 to 263 

Baltimore City Code (1983 Replacement Volume, as amended) 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
Sections(s) of the Baltimore City Code (1983 Replacement Volume, as amended) 
be added, repealed, or amended to read as follows: 

ARTICLE 15- LICENSES 

(AMBULANCES 

1. Operation. 

It is unlawful to operate an ambulance in this City unless it is licensed under 
this subtitle and the owner of the vehicle is conforming in all respects to this sub- 
title. 

2. Definitions. 

(a) Provided. For the purposes of this subtitle, the words and phrases listed in 
this section are defined as here indicated. 



ORDINANCES 313 

(b) AmbuJance. "Ambulance" means a vehicle constructed and operated with 
the primary purpose of transporting an ill, sick, or injured patient. The term in- 
cludes any such vehicle which is regularly operated or held out for providing com- 
mercial ambulance service in Baltimore City or to residents of Baltimore City; 
and the term does not include any such vehicle which operates within Baltimore 
City or for residents of Baltimore City only upon rare, unusual, or emergency 
conditions. 

(c) Person. "Person" means an individual, firm, partnership, or corporation, but 
does not include any governmental body. 

3. Licenses. 

The licensing provisions of this subtitle shall be administered by the Commis- 
sioner of Health. Each license shall be issued only upon the payment of a fee of 
$25 annually for each vehicle or a pro rata portion of that sum for portions of a 
year. The license year shall extend from July 1 to June 30, inclusive, in each year. 
Applications for licenses shall be made to the Commissioner of Health, and he 
may adopt and promulgate reasonable and general rules and regulations not in- 
consistent with the provisions of this subtitle for the filing and processing of ap- 
plications and the grant and display of licenses. 

4. Rules and Regulations. 

The Commissioner of Health may adopt and promulgate general rules and 
regulations concerning the operation of ambulances to which this subtitle ap- 
plies, including specifications for the equipment required, the manner of opera- 
tion and use, the health and physical condition of operator and attendants, the 
mechanical condition of the vehicle, technical knowledge required of operators 
and attendants, safety standards, reports of use, and such other problems and 
matters as relate directly to the operation of such ambulances and to the safety, 
health, and welfare of the residents of this City. 

5. Suspension or revocation of licenses. 

The Commissioner of Health may suspend any license for a period of up to 
thirty days upon a finding by him that the operator or owner of an ambulance 
licensed under this subtitle has been guilty of carelessness or unsafe conduct pre- 
judicial to the safety, health, and welfare of users of such ambulances or of the 
residents of this City. The Commissioner of Health may revoke a license for any 
conduct or action which in his judgment would have been proper cause for an ini- 
tial refusal to issue the license, 

6. Appeals. 

Any person aggrieved by any action or refusal of action by the Commissioner 
of Health under the provisions of this subtitle may appeal his case to the 
Baltimore City Court where it shall be heard de novo. The Court may affirm, 
reverse, or modify the action or refusal of action by the Commissioner of Health. 

7. Penalty provisions. 

Any person violating any provision of this subtitle is guilty of a misdemeanor 
and upon conviction thereof is subject to a fine not exceeding $100. Each day 
that a violation continues is deemed to be a separate offense.) 



314 ORDINANCES Ord. No. 112 

ARTICLE 11 -HEALTH 

AMBULANCES 

252. Definitions. For the purpose of this subtitle, the words and phrases listed 
in this section are defined as here indicated. 

A. A^nbulance. A vehicle constructed and operated with the purposes of 
transporting an til, sick, or injured person. The term includes any such vehicle 
which is operated or held out for providing ambulance service in Baltimore City 
or to residents of Baltimore City. 

B. Ambulance Crew. No fewer than two (2) qualified individuals, one of whom 
shall hold a currently valid permit as an Attendant-Driver and the other shall 
have a currently valid permit as an Attendant or Attendant-Driver. 

C. Ambulance Comnpany. A person, firm, partnership, corporation, association 
or organization engaged in providing non-emergency, non-ambulatory am- 
bulance transports. The primary purposes of the service is to provide scheduled 
elective transportation. The service can respond to and treat onboard medical 
emsrgencies utilizing basic life support skills. 

D. Ambulance License. A document issued to an ambulance company by the 
License Officer evidencing permission to use a specific ambulance for the purpose 
of providing ambulance transportation. 

E. Attendant. An individual who meets the requirements of being an attendant 
and holds an attendant permit issued by the License Officer. 

F. Attendant-Driver. An attendant who holds an attendaiit driver permit and 
is licensed to drive an ambulance. 

G. Basic Life Support. The level of training necessary to provide emergency 
care to the sick, injured, or incapacitated patient. The training will include skills 
necessary in dressing wounds, splinting fractures, controlling hemorrhage, pro- 
viding oxygen, maintaining an airway and cardio-pulmoyiary resuscitation. 

H. Company License. A document issued to an ambulance company by the 
License Officer evidencing permission to provide ambulance transportation. 

L Disinfectant. An agent that frees from infection; usually a chemical agent 
which destroys genn^ or other microorganisms, chiefly on inanimate objects. 

J. Health Officer. The Commissioner of Health of Baltimore City or License 
Officer or designee. 

K. Intravenous Therapy. Parenteral administration of sterile solutions. 

L. License Ojficer. The Commissioner of Health of Baltimore City or his 
designee. 

M. Licensee. The person to whom an ambulance company license and one or 
more ambulance vehicle licenses are issued by the License Ojficer. 



ORDINANCES 315 

N. Non-Ambulatory. A condition which renders a patient physically unable to 
use a bus, tojci, or private mode of tratisportation in going to or from a medical 
facility for needed treatment. 

0. Non-Emergency. A situation not requiring prompt assessment and treat- 
ment of conditions having the potential of causing imminent disability or death. 

P. Patient. An individual who is ill, sick, injured, or incapacitated. 

Q. Permit. A document which may be issued by the License Officer evidencing 
permission to perform the duties of an ambulance attendant or ambulance 
attendant-driver. 

R. Permittee. An individual who is trained or qualified and has been issued a 
permit by the License Officer to perform the duties of an attendant or attendant- 
driver. 

S. Person. An individual, firm, company, partnership, corporation, am- 
bulance crew, ambulance company, attendant, attendant-driver, licensee, permit- 
tee, but does not include any governmental body. 

T. Shall. As used herein indicates a mandatory requirement. 

U. Sterile. An absolute term meaning free from living microorganisms, and 
implies all forms of bacteria, spores, fungi, and viruses have been killed. 

V. Trained or Qualified. Means an attendant or attendant-driver who holds a 
current valid certification in the following training programs.: 

i. Prior to 30 June, 1985, current valid certification in the following: 

A. Emergency Medical Technician-Ambulance (EMT-A) or AmeHcan 
Red Cross Advanced First Aid and Emergency Care or designated military 
training or other equivalent training courses approved in writing by the License 
Officer; and, 

B. Cardio-Pulmonary Resuscitation (C.P.R.); and, 

C. Ayiy other training courses the License Officer may require. 

2. Effective 1 July, 1985, attendants and attendant-drivers shall hold a cur- 
rent valid certification in the following training program: 

A. Emergency Medical Technician-Ambulance (EMT-A), designated 
military training or other equivalent training courses approved iii writing by 
the License Officer. 

B. Any other training courses the License Officer may require. 
W. Valid. Current Certification, up-to-date, in effect. 

253. Ambulance Company License. 

A. It shall be unlawful for any person to furnish, operate, conduct, maintain, 
advertise, or otherwise be engaged in the business or service of the transportation 



316 ORDINANCES Ord. No. 112 

of persons or patients upon the streets, alleys, or any public way or place of 
Baltimore City, unless such person has been issued an ambulance company 
license by the Health Officer. 

B. Any person applying for an ambulance company license shall complete an 
application form provided by the Health Officer. The contents of such farm shall 
be determined by the Health Officer, who may request such information as the 
Health Officer deems necessary to make a determination as to whether a license 
should be issued. 

C. An ambulance company license may be issued by the Health Officer provided 
the person seeking such license pays the applicable license fee and provided the 
person provides sufficient information that its ambulances which are to be li- 
censed or which are licensed are properly equipped and maintained, it has a suf- 
ficient staff of attendants and attendant-dHvers to provide ambulance services, 
its operating base site is in accordance urith Health Department rules and regula- 
tions, and that the general operation of the ambulance company is in conform- 
ance urith Health Department rules and regulations, this subtitle and other ap- 
plicable laws and regulations. 

D. After the ambulance c&tnpany license has been issued, the ambulance com^ 
pany urill provide sufficient information that its ambulances are properly 
equipped, maintained and licensed. The ambulance company shall allow the in- 
spection of its records, ambulances and operating base site by the Health Officer. 
The ambulance company shall also provide a sufficient' staff of attendants and 
attendant-drivers who hold valid permits to provide ambulance service. The am- 
bulance company shall maintain a daily record of all calls received and services 
rendered. The daily record form shall be in a format determined by the Health Of- 
ficer and shall be available for inspection at the request of the Health Officer. 

E. An ambulance company shall be operated in accordance urith the provisions 
of this subtitle, all rules and regulations adopted by the Health Officer to carry 
out the provisions of this subtitle and all other applicable laws and regulations. 

F. An ambulance company shall carry such insurance as may be required by 
State law and the rules and regulations adopted by the Health Officer. Such am- 
bulance owned or operated by an ambulance company shall carry such insurance 
as may be required by State law and the rules and regulations adopted by the 
Health Officer. 

25 Jt. Ambulance License. 

A. It shall be unlawful for any person to furnish, operate, conduct, maintain, 
advertise, or otherwise engage in the busitiess or service of transportation of pa- 
tients in Baltimore City by means of any vehicle urdess such vehicle has been 
issued an ambulance license by the Health Officer. 

B. Any person applying for an ambulance license shall complete an application 
form provided by the Health Officer. The contents of such form shall be as deter- 
mined by the Health Officer, who may request such information as the Health Of- 
ficer deems necessary to make a deteivnination as to whether a license should be 
issued. 



ORDINANCES 317 

C. An ambuUnice licenae may be issued by the Health Officer provided the per- 
son seeking such license pays the applicable license fee, and proi/ided the person 
provides sufficient infornuition that such ambulance will be staffed by a (fualified 
ambulance crew, is equipped with operable sirens and lights, contains necessary 
medical equipment and supplies, has appropriate ijis2irance coverage, and pro- 
vided the ambulajwe complies with Health Department rules and regulations, 
this subtitle and other applicable laws and regulations. 

D. Ajler an ambulance license has been issued, the ambulance shall be inspected 
and maintained and the license displayed as required by the Health Department 
rules and regulations. A record of the maintenance performed, shall be nmin- 
tained for each ambulance. 

E. Each ambulance shall carry such insurance as nmy be required by State law 
and the rules and regulations adopted by the Health Officer. 

F. All ambulance shall be operated in accordance with the provisions of this 
subtitle and all rules and regulations adopted by the Health Officer to carry out 
the provisions of this subtitle and all other applicable laws aiui regulations. 

255. Permit for attendant. 

A. It shall be unlawful for any person to perform the functions or duties of an 
attendant uiUess such person is a trained or qualified attendayit and has been 
issued an attendant permit by the Health Officer. 

B. Any person applying for an attendant permit shall complete an application 
form provided by the Health Officer. The contents of such form shall be deter- 
mined by the Health Officer, who nuiy request such information as the Health Of- 
ficer deems necessary to make a determination as to whether a permit should be 
issued. 

C. An attendant permit may be issued by the Health Officer provided the person 
seeking such permit pays the applicable permit fee and provided the person is 
trained or qualified as determined by the Health Officer. 

D. An attendant shall obey the provisions of this subtitle and the, rules and 
regulations adopted by the Health Officer to carry out the provisions of this sub- 
title and all other applicable laws and regulations. 

256. Permit for attendant- driver. 

A. It shall be unlawful for any person to perform the functions or duties of an 
attendant driver unless such person is a trained or qualified attendant, has a 
driver's license in good standing, and has been issued an attendant-driver permit 
by the Health Officer. 

B. Any person applying for an attendant-driver permit shall complete an 
application form provided by the Health Officer. The contents of such form shall 
be determined by the Health Officer, who may request such information as the 
Health Officer deems necessary to make a determination as to whether a permit 
should be issued. 



318 ORDINANCES Ord. No. 112 

C. An attendant- driver permit may be issued by the Health Officer provided the 
person seeking such permit pays the applicable permit fee and provided the per- 
son has a driver's license in good standing, and is trained or qualified as deter- 
mined by the Health Officer. 

D. An attendant-dHver shall obey the provisions of this subtitle and the rules 
and regulations adopted by the Health Officer to carry out the provisions of this 
subtitle and all other applicable laws and regulations. 

257. Fees for an ambulance company license, ambulance license, attendant per- 
mit, attendant-driver permit. 

A. The license year for an ambulance company license and for an ambulance 
license shall extend from July 1 to June 30, inclusive, in each year. 

B. The permit period for an attendant and an attendant driver is to run con- 
current with the training certification period of the attendant or attendant 
driver. 

C. The fees for an ambulance company license, ambulance license, attendant 
permit or attendant-driver permit, may be established by the Health Officer with 
the approval of the Board of Estimates. 

D. Permits issued under this subtitle are not transferable. An ambulance com- 
pany license issued under this subtitle is iwt transferable. An ambulame license 
issued under this subtitle vmy be transferred only with the prior approval of the 
Health Officer 

E. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SUB- 
TITLE, ANY TAX EXEMPT ORGANIZATION AS DEFINED IN SECTION 
501(C) OF THE INTERNAL REVENUE CODE. AS AMENDED. WHICH PRO- 
VIDES AMBULANCE SERVICES. IS EXEMPT FROM THE AMBULANCE 
COMPANY AND AMBULANCE LICENSE FEE. NOTWITHSTANDING ANY 
OTHER PROVISIONS OF THIS SUBTITLE. ANY PERSON UT/O SERVES 
AS AN ATTENDANT OR ATTENDANT-DRIVER FOR A TAX EXEMPT 
ORGANIZATION WHICH PROVIDES AMBULANCE SERVICES SHALL 
NOT BE REQUIRED TO PAY AN A TTENDANT OR A TTENDANT-DRIVER 
PERMIT FEE PROVIDED SUCH PERSON PROVIDES THEIR SERVICES 
ONL Y TO TAX EXEMPT ORGANIZA TIONS. THESE EXEMPTIONS APPL Y 
SOLELY TO LICENSE AND PERMIT FEES AND TO NO OTHER PROVI- 
SIONS OF THIS SUBTITLE. TAX EXEMPT ORGANIZATIONS WHICH 
PROVIDE AMBULANCE SERVICES. AMBUL.ANCES OPERATED BY 
SUCH ORGANIZATIONS. AND PERSONS. ATTENDANTS AND 
ATTENDANT-DRIVERS nHO SERVE OR ASSIST SUCH ORGANIZATIONS 
SHALL COMPLY WITH THE REQUIREMENTS AND STANDARDS OF 
THIS SUBTITLE AND REGULATIONS ADOPTED PURSUANT THERETO. 

258. Subpoena of records or persons. 

A. The Health Officer may subpoena any person, records and evidence, ad- 
minister oaths, and take depositions and other testimony. 



ORDINANCES 319 

B. If a person fails to comply with a subpoena issued under this subtitle, on 
petition of the Health Officer, a court of competent jurisdiction may compel obe- 
dience to the subpoena or compel testimony or the production of evidence. 

259. Suspension or revocation of licenses or permits. 

A. Subject to the hearing provisions of Section 260 of this subtitle, the Health Of- 
ficer viay suspend or revoke a permit or license issued under this subtitle if: 

1. The holder of the permit or license obtained the permit or license 
fraudulently or deceptively; 

2. The holder of the peinnit or license has violated this subtitle, or rule or 
regulations adopted pursuant to this subtitle, or any applicable Federal, State or 
Local law or rule; 

3. The holder of the permit or license has interfered with the Health Officer 
in the performance of the Health Officer's duties; 

B. Except as otherwise provided in this Section, before suspending or revok- 
ing a permit or license, the Health Ojjicer shall give to the holder of the permit or 
licetuie iiotice of intent to suspend or to revoke. 

1. The notice shall: 

(a) Specify the condition or violation that the Health Ojficer believes 
justijies the suspejision or revocation; and 

(b) State that the holder hcLS an opportunity to correct the condition or viola- 
tion before a time that is: 

1. At least ^8 hours ajler the holder receives notice of intent to suspend 
or to revoke; or 

2. Set by the Health Officer 

(c) Be seri'ed on the holder by registered mail, at the address stated by the 
holder in its application for a permit or license. 

C. The Health Ojficer is not required to give prior notice of intent to suspend or 
to revoke a permit or license if: 

1. The condition or violation creates an imminent hazard to the public 
health or safety; or 

2. The holder of the permit or license has willfully refused to permit an 
authorized inspection. 

D. The Health Ojficer may suspend a permit or license for such a period of time 
as the Health Ofj'icer deems necessary under the particular circumstances of each 
case. 

E. The Health Ojficer is not rf quired to issue a notice of intent to suspend or to 
revoke prior to enforcing the criminal penalties provided under this subtitle. 
Furthermore, the issuance of a notice of intent to suspend or to revoke by the 



320 ORDINANCES Ord. No. 112 

Health Officer, shall not constitute a bar to the Health Officer to also enforce the 
criminal penalties provided under this subtitle. 

260. Hearings. 

A. Except as provided in Section 259 of this subtitle, before the Health Officer 
denies an application for a permit or license or takes any ax^tion under Section 
259 of this subtitle, the Health Officer shall give the person against whom the ac- 
tion is contemplated an opportunity for a hearing before the Health Officer or the 
Health Officer's designated Hearing Officer. 

B. Within 48 hours after the person receives notice of the Health Officer's ac- 
tion, a person whose application for a permit or license has been denied or whose 
permit or license has been suspended or revoked or who has received a notice that 
the Health Officer intends to susrpend or revoke the permit or license of said per- 
son, may request a hearing. 

C. Within 96 hours after receiving the request for a hearing, the Health Officer 
shall hold the hearing. 

D. Within 15 days after the hearing, the Health Officer or the designated Hear- 
ing Officer shall render a written decision. 

E. If after due notice the person for whom the hearing is held fails or refuses to 
appear, nevertheless the Health Officer or the Health Officer's designated Hear- 
ing Officer may hear and determine the matter. 

F. The Health Officer may adopt hearing procedures. 

261. Appeals. 

Any person aggrieved by a decision of the Health Officer may appeal the deci- 
sion to the Circuit Court for Baltimore City where it shall be heard on the record. 
The aggrieved person must exhaust all administrative remedies, in a timely man- 
ner, prior to filing an action with the Courts. The person appealing the decision 
of the Health Officer shall pay all expenses related to the transcription of the 
record. The procedures for an appeal from the decision of the Health Officer shall 
be as provided by the Maryland Rules of Procedure for appeals from an ad- 
ministrative agency. 

262. Rules and regulations. 

The Health Officer may adopt and promulgate general rules and regulations to 
carry out the provisions of this subtitle, including, but not by way of limita- 
tion, rules and regulations concerning the operations of an ambulance company, 
the records and reports which are to be jnaintained by an ambulance company, 
the standards which an ambulance company must meet, the use of intravenous 
maintenance, tfie qualifications required of persons providing intravenous 
maintenance, the manner of operation and use of an ambulance, the required 
mechanical condition of an ambulance, the specifications for the equipment and 
supplies required for an ambulance, the general standards which an ambulance 
must meet, the required standards the operating base site must comply with, the 
health and physical condition of an attendant and attendant driver, the technical 
knowledge required of an attendant and an attendant-driver and the standards 



ORDINANCES 321 

which aji attendant and an attendant driver must meet, hearing procedures for 
administrative hearings, the issuance of waivers and such other matters as relate 
to the operation of an ambulance company or ambulance or the performance of the 
duties of an attendant or attendant- driver. 

263. Penalties. 

Any person violatiiig any provisions of this subtitle or any rule or regulation 
promulgated by the Health Officer pursuant to this subtitle, shall be deemed 
guilty of a misdemeanor, arid, upon convictioji thereof shall pay a fine of not less 
than $250.00 nor more than $1,000.00, or shall serve a tenn in prison of not more 
than twelve (12) months, or shall both pay such fine and seri'e such prison term, in 
the discretion of the court. If a violation be continuing, each day's violation shall 
C07istitute a separate violation. 

Sec. 2. And be it further ordained. That in case it be judicially determined that 
any word, phrase, clause, item, sentence, paragraph, or section of this ordinance, 
or rule or regulation promulgated pursuant to this ordinance, or the application 
thereof to any person or circumstance, is invalid, the remaining provisions and 
the application of such provisions to other persons or circumstances shall not be 
affected thereby, the Mayor and City Council hereby declaring that they would 
have ordained the remaining provisions of this ordinance, or rule or regulation 
promulgated pursuant to this ordinance, without the word, phrase, clause, item, 
sentence, paragraph or section, or the application thereof, so held invalid. 

Sec. S. And be it further ordained, That this ordinance shall take effect thirty 
(30) days from the date of its passage. 



Approved June 27, 1984 



WILLIAM DONALD SCHAEFER. May, 



No. 113 
(Council No. 214) 
AN ORDINANCE concerning 

ZONING- APPROVAL FOR CONDITIONAL USE 
PARKING LOT-S. CATON AVENUE 

FOR the purpose of granting permission for the establishment, maintenance and 
operation of an open off-street parking area on the properties located at 
1411 S. Caton Avenue, 3215 Clarinda Avenue and the south side of Clarinda 
Avenue, 160 feet east of Caton Avenue, as outlined in red ofi the plats 
accompanying this ordinance. 

BY authority of 
Article 30 -Zoning 
Sections 4.4-ld and 11.0 6d 
Baltimore City Code (1983 Replacement Volume, as amended) 



322 ORDINANCES Ord. No. 114 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
permission is hereby granted for the establishment, maintenance and operation 
of an open off-street parking area on the properties located at 1411 S. Caton 
Avenue, 3215 Ciarinda Avenue and the south side of Clarinda Avenue, 160 feet 
east of Caton Avenue, as outlined in red on the plats accompanying this or- 
dinance, under the provisions of Sections 4.4- Id and 11.0-6d of Article 30 of the 
Baltimore City Code (1983 Replacement Volume, as amended) title "Zoning". 

Sec. 2. And be it further ordained, That upon passage of this ordinance by the 
City Council, as evidence of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat and when the 
Mayor approves the ordinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the plats to the following: 
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community Development, the 
Supervisor of Assessments for Baltimore City and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty 
days from the date of its passage. 



Approved June 27, 1984 



WILLIAM DONALD SCHAEFER, Ma 



No. 114 
(Council No. 223) 

AN ORDINANCE concerning 

RETIREMENT SYSTEMS-CLASS C MEMBERS 

FOR the purpose of extending REOPENING AND EXTENDING TO 
DECEMBER 31, 1985, the time during which Class A and Class B members 
may transfer to the Class C membership. 

BY repealing and reordaining with amendments 
Article 22 -Retirement Systems 
Section 9(aK2) 
Baltimore City Code (1983 Replacement X'olume, as amended) 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
Section(s) of the Baltimore City Code (198:i Replacement \'olume, as amended) 
be added, repealed, or amended, to read as follows: 

ARTICLE 22- RETIREMENT SYSTEMS 
Employees' Retirement System 

9. Class C membership. 

(aX2) Subject to the provisions ccjntained in Subsection (5), any Class A or Class 
B Member, including any Class A or Class B Member who is entitled to any 



ORDINANCES 323 

benefits under the provisions of Sections 6(bX12)and 6(bX13)of tliis subtitle, who 
is interested in becoming a Class C Member must file a Notice of Intent with the 
Board of Trustees of the Retirement System on ol* before (June 30, 1982J 
December SI. 19S5. Such Notice of Intent shall state that the Member is consider- 
ing becoming a Class C Member to be effective and irrevocable after tlie expira- 
tion of ninety (90) days beginning with the date that such Notice is filed; and if he 
does become a Class C Member, whether his accumulated contributions, with or 
without excess voluntary contributions provided for in Section 8(aX4), with in- 
terest are to be refunded to him or are to remain in the Retirement System. Not- 
withstanding anything to the contrary, a Member's Notice shall not become ef- 
fective nor create any Class C rights in such Member until the expiration of nine- 
ty (90) days after it is filed with the Board of Trustees. During such ninety (90) 
day period, the Member may modify or revoke such Notice of Intent in full or in 
part in such written form as may be approved by the Board of Trustees. Upon the 
expiration of such ninety (90) days following the filing of such Notice of Intent, if 
not sooner revoked, a Member's Notice of Intent, including his election as to the 
disposition of his accumulated contributions with interest, shall become ir- 
revocable, and he shall become a Class C Member of the Retirement System at 
that time. 

If the Member elects to have said accumulated contributions remain in the 
Retirement System then at the time of his retirement, subject to the provisions 
of Section 9(m), he shall receive an annuity for said accumulated contributions in 
addition to the benefits provided under this section. If the Class C Member dies 
before retirement, then such accumulated contributions, if any, shall be refunded 
to his designated beneficiary or estate. 

If the Member, in the Notice of Intent, elected to receive a refund of his ac- 
cumulated contributions with interest, such refund shall be paid to him in the 
manner prescribed by regulations promulgated by the Board of Trustees, with 
due consideration for the fiscal integrity of the system. Notwithstanding 
anything to the contrary, the refund of the Member's contributions with interest, 
whether in a lump sum payment or annual installments, shall be paid or com- 
menced to be paid at such time as may be determined by the Board of Trustees, 
but in no event earlier than thirty (30) days after the Member's becoming a Class 
C Member or later than the expiration of three (3) years from the date of his 
becoming a Class C Member. As long as the Member's contributions or any part 
thereof remain in the Retirement System, interest shall continue to be credited 
on any undistributed portion of the Member's contribution account. 

Notwithstanding an^lhing to the contrary, the refund of the accumulated con- 
tributions of any Class A or Class B Member who has previously pledged such 
contributions as security for a loan under Section 1 1 of this subtitle, shall be 
reduced by an amount equal to such indebtedness of the Member at the time of 
becoming a Class C Member, and held by the City with interest until such in- 
debtedness by the Member is satisfied, or the lending institution notifies the City 
that the funds can be released. 

Sk« . 2. And be it further orddineil. That this ordinance shall take effect thirty 
days from the date of its passage. 

Approved June 27. 1984 

WILLIAM DONALD SCIIAKFfclR. Miuji>r. 



324 ORDINANCES Ord. No. 115 

No. 115 
(Council No. 227) 

AN ORDINANCE concerning 

BOND ISSUE -RESIDENTIAL FINANCING LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur- 
suant to Resolution V of 1984 approved by the members of the General 
Assembly of Maryland representing Baltimore City), to issue and sell its cer- 
tificates of indebtedness to an amount not exceeding three million dollars 
($3,000,000.00), the proceeds derived from the sale of the same to be used for 
the cost of issuance, including the expense of engraving, advertising, at- 
torneys' fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds shall be used to make or contract to make financial 
loans to any person or other legal entity to be used for or in connection with 
the purchase, acquisition, construction, erection, development, rehabilitation, 
renovation, redevelopment or improvement of buildings or structures, in- 
cluding any land necessary therefor, within the boundaries of Baltimore City, 
which buildings or structures are to be used or occupied for residential pur- 
poses; to guarantee or insure financial loans made by third parties to any per- 
son or other legal entity which are to be used for or in connection with the pur- 
chase, acquisition, construction, erection, development, rehabilitation, renova- 
tion, redevelopment or improvement of buildings or structures, including any 
land necessary therefor, within the boundaries of Baltimore City, which 
buildings or structures are to be used or occupied for residential purposes; and 
for doing any and all things necessary, proper or expedient in connection with 
or pertaining to any or all of the matters or things hereinbefore mentioned; 
conferring and imposing upon the Board of Finance of Baltimore City certain 
powers and duties; authorizing the submission of this ordinance to the legal 
voters of the City of Baltimore, for their approval or disapproval, at the 
general election to be held in Baltimore City on Tuesday, the 6th day of 
November, 1984; providing that the financial loans made, guaranteed or in- 
sured shall be self-supporting, and providing for the expenditure of the pro- 
ceeds of sale of said certificates of indebtedness in accordance with the provi- 
sions of the Charter of the Mayor and City Council of Baltimore, and by the 
municipal agency designated in the annual Ordinance of Estimates of the 
Mayor and City Council of Baltimore. 

WnEKE.AS, by Resolution V of 1984 approved by the Members of the General 
Assembly of Maryland representing Baltimore City the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and sell its certificates of 
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not 
exceeding Three Million Dollars ($3,000,000.00) in the manner and upon the 
terms set forth in said Resolution, the proceeds thereof, not exceeding the par 
value of said certificates of indebtedness, to be used for or in connection with 
making, guaranteeing, or insuring financial loans for the purchase, acquisition, 
construction, erection, development, rehabilitation, renovation, redevelopment 
or improvement of residential properties in Baltimore City, as authorized by said 
Resolution; and 



ORDINANCES 325 

WnEKEAS, Funds are now needed for said purposes; therefore 

Section \. Be it ordained by the Mayor and City Council of Baltimore, That 
the Mayor and City Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby authorized and empowered to 
issue bonds of the Mayor and City Council of Baltimore to an amount not ex- 
ceeding Three Million Dollars ($3,000,000.00), from time to time, as the same 
may be needed or required for the purposes hereinafter named and said bonds 
shall be sold by said Board of Finance from time to time and at such times as shall 
be requisite, and the proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this Ordinance shall not 
become effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by this 
Ordinance. 

Sec. 2. And be it further ordained. That: 

(a) Said bonds shall be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars 
($1,000.00), or any suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in accordance with a serial 
maturity plan so worked out as to discharge the entire principal amount 
represented thereby within not more than forty (40) years from the date of their 
issuance; provided, however, that it shall not be necessary to provide for the 
maturity of any part of the principal amount represented by any of said bonds for 
the first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such rate or rates as may be 
determined by a majority of the Board of Finance by resolution at such time or 
times when any of said bonds are issued, and such interest shall be payable semi- 
annually. 

Sei". 3. And be it further ordained, That a majority of the Board of Finance of 
the Mayor and City Council of Baltimore be, and they are hereby, authorized to 
pass a resolution or resolutions, from time to time, to determine and set forth 
any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City Council of 
Baltimore at any particular time, and from time to time, under and pursuant to 
the provisions of this ordinance; the date or dates when any bonds representing 
said debt, or any part thereof, are to mature, and the am'ount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid date or dates; 
aiid the semi-annual dates in each year, during the entire period of time when any 
of said bonds are outstanding, when interest on any of said bonds shall be 
payable. 

(b) The form or forms of the bonds representing the debt, or any part thereof, 
authorized to be issued under the provisions of this ordinance at any particular 
time, including any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, for the issuance of 



326 ORDINANCES Ord. No. 115 

fully registered bonds; the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the conversion and reconver- 
sion into coupon bonds of any fully registered bonds or coupon bonds registered 
as to principal; the place or places for the payment of principal and interest of 
said bonds; and the date of said bonds issued at any particular time, and the right 
of redemption of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisement of the readiness of 
the Board of Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of such bids; the 
time, place, and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale and 
sold at the same time as other bonds of said City, to establish the conditions for 
bids and awards and to award all of said bonds on an all or none basis; and the 
time, place, terms and manner of settlement for the bonds so bid for. 

Sec. i. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued and sold 
pursuant to the provisions of this Ordinance shall be applied first to defray the 
cost of issuance thereof and the balance, if any, shall be applied to the payment of 
interest on any of said bonds becoming due and payable during the fiscal year in 
which said bonds are issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the bonds 
issued and sold pursuant thereto and their transfer, and the principal and in- 
terest payable thereon (including any profit made in the sale thereoO, shall be 
and remain exempt from any and all State, county and municipal taxation in the 
State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this Ordinance shall 
be sold at public sale to the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, shall have the right to reject any or all 
bids therefor for any reason, and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds be offered at private sale 
they shall be offered for sale and sold for not less than par and accrued interest. 

Sec. b.And be it further ordained, That until all of the interest on and principal 
of any bonds issued pursuant to the provisions of this Ordinance have been paid 
in full, the Mayor and City Council of Baltimore shall levy and impose an annual 
tax on each One Hundred Dollars ($100.00) of assessable property in the City of 
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin- 
cipal of all bonds theretofore issued and outstanding or authorized to be issued 
and outstanding, payable in the next succeeding year. 

Sec. 6. And be it further ordained. That this Ordinance shall be submitted to 
the legal voters of the City of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore City, on Tuesday, the 6th day of 
November. 1984. 



ORDINANCES 327 

Sec. 7. And be it further ordained, That prior to the date of the election 
hereinbefore mentioned, notice shall be given to the public of the amount of 
money which the Mayor and City Council of Baltimore is authorized to borrow, 
and the general purposes for which such borrowed funds may be expended, 
under the terms and provisions of this Ordinance, and the time when the election 
hereinbefore mentioned is to be held; and such public notice shall be given in such 
manner and by such means or through such media and at such time or times as 
may be determined, from time to time, by a majority of the Board of F'inance. 

Sec. 8. And be it further ordained, That the actual cash proceeds derived from 
the sale of the bonds authorized to be issued under the provisions of this 
Ordinance, not exceeding the par value thereof, shall be used exclusively for the 
following purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the premiums realized 
from the sale, if any, for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other incidental expenses con- 
nected therewith; and 

(b) The remainder of such proceeds shall be used to make or contract to make 
financial loans to any person or other legal entity to be used for or in connection 
with the purchase, acquisition, construction, erection, development, rehabilita- 
tion, renovation, redevelopment or improvement of buildings or structures, in- 
cluding any land necessary therefor, within the boundaries of Baltimore City, 
which buildings or structures are to be used or occupied for residential purposes; 
to guarantee or insure financial loans made by third parties to any person or 
other legal entity which are to be used for or in connection with the purchase, ac- 
quisition, construction, erection, development, rehabilitation, renovation, 
redevelopment or improvement of buildings or structures, including any land 
necessary therefor, within the boundaries of Baltimore City, which buildings or 
structures are to be used or occupied for residential purposes, and for doing any 
and all things necessary, proper or expedient in connection with or pertaining to 
any or all of the matters or things hereinbefore mentioned. 

Sec. 9. And be it further ordained, That no part of the proceeds of sale of the 
bonds hereby authorized to be issued shall be expended until after the Board of 
Finance has determined, based upon such data as said Board of Finance shall re- 
quire to be submitted to it to enable it to make such determination, that any 
financial loans made, guaranteed or insured from such proceeds, shall, in fact, be 
self-supporting. 

Sec. 10. And be it further ordained. That in case any land or property now or 
hereafter owned by the Mayor and City Council of Baltimore is sold by it to any 
legal entity for the puqxjse of construction, erection, development, rehabilita- 
tion, renovation, redevelopment or improvement of buildings or structures, 
which buildings or structures are to be used or occupied for residential purposes, 
then the purchaser of said land or property shall pay to the municipality at least 
an amount of money equal to the full appraised value of said land or property, 
and in case any such land or property is leased by the municipality to any legal 
entity for any of the purposes hereinbefore mentioned, then the lessee shall pay 
annually to the municipality an amount of money equal to the reasonable rental 



328 ORDINANCES Ord. No. 116 

value of said land or property. In the event any such land or property is sold by 
the municipality as aforesaid and such land or property is then reconveyed back 
to the municipality as security for any loan made by the municipality to the pur- 
chaser under the provisions of this Ordinance, then such purchaser shall pay an- 
nually to the municipality in lieu of taxes a tax equivalent charge on such land or 
property on the basis of the then prevailing tax assessment on the land and im- 
provements and calculated at the City and State tax rates then in effect, in ac- 
cordance with the policy of the Board of Estimates of the municipality. All 
payments made in lieu of taxes shall be made when real estate taxes of the 
municipality ordinarily become due and payable. 

Sec. 11. And be it further ordained, That the expenditure of the proceeds 
derived from the sale of the bonds authorized to be issued under the provisions of 
this Ordinance shall be in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency designated in 
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore. 



Approved June 25, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 116 
(Council No. 228) 

AN ORDINANCE concerning 

BOND ISSUE -INDUSTRIAL AND COMMERCIAL FINANCING LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur- 
suant to Resolution VI of 1984 approved by the members of the General 
Assembly of Maryland representing Baltimore City), to issue and sell its cer- 
tificates of indebtedness to an amount not exceeding six million dollars 
($6,000,000.00), the proceeds derived from the sale of the same to be used for 
the cost of issuance, including the expense of engraving, printing, advertising, 
attorneys' fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds shall be used to make or contract to make financial 
loans to any person or other legal entity to be used for or in connection with 
the purchase, acquisition, construction, reconstruction, erection, develop- 
ment, redevelopment, rehabilitation, renovation, modernization or improve- 
ment of buildings or structures, including any land necessary therefor, within 
the boundaries of Baltimore City, which buildings or structures are to be used 
or occupied for industrial purposes; to guarantee or insure financial loans 
made by third parties to any person or other legal entity which are to be used 
for or in connection with the purchase, acquisition, construction, reconstruc- 
tion, erection, development, redevelopment, rehabilitation, renovation, 
modernization or improvement of buildings or structures, including any land 
necessary therefor, within the boundaries of Baltimore City, which buildings 
or structures are to be used or occupied for industrial purposes; to make or 



ORDINANCES 329 

contract to make financial loans to any person or other legal entity to be used 
for or in connection with the purchase or acquisition of leasehold or fee simple 
interests in buildings or structures, and for construction, reconstruction, erec- 
tion, development, rehabilitation, renovation, redevelopment or improvement 
of buildings or structures, located within the boundaries of Baltimore City, 
which buildings or structures are to be used or occupied for commercial pur- 
poses; to guarantee or insure financial loans made by third parties to any per- 
son or other legal entity to be used for or in connection with the purchase or 
acquisition of leasehold or fee simple interests in buildings or structures, and 
for construction, reconstruction, erection, development, rehabilitation, 
renovation, redevelopment, or improvement of buildings or structures, located 
within the boundaries of Baltimore City, which buildings or structures are to 
be used or occupied for commercial purposes; and for doing any and all things 
necessary, proper or expedient in connection with or pertaining to any or all of 
the matters or things hereinbefore mentioned; conferring and imposing upon 
the Board of Finance of Baltimore City certain powers and duties; authorizing 
the submission of this ordinance to the legal voters of the City of Baltimore, 
for their approval or disapproval, at the general election to be held in 
Baltimore City on Tuesday, the 6th day of November, 1984; providing that the 
financial loans made, guaranteed or insured shall be self-supporting, and pro- 
viding for the expenditure of the proceeds of sale of said certificates of in- 
debtedness in accordance with the provisions of the Charter of the Mayor and 
City Council of Baltimore, and by the municipal agency designated in the an- 
nual Ordinance of Estimates of the Mayor and City Council of Baltimore. 

Whereas, by Resolution VI of 1984 approved by the Members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and sell its certificates of 
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not 
exceeding Six Million Dollars ($6,000,000.00) in the manner and upon the terms 
set forth in said Resolution, the proceeds thereof, not exceeding the par value of 
said certificates of indebtedness, to be used for or in connection with making, 
guaranteeing, or insuring financial loans for the purchasing, acquiring, 
constructing, reconstructing, erecting, developing, redeveloping, rehabilitating, 
renovatmg, modernizing or improving industrial and commercial properties in 
Baltimore City, as authorized by said Resolution; and 

WuEKKAS, Funds are now needed for said purposes; therefore 

Se( Tio.N \. Be it ordained by the Mayor and City Council of Baltimore. That 
the Mayor and City Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby authorized and empowered to 
issue bonds of the Mayor and City Council of Baltimore to an amount not ex- 
ceeding Six Million Dollars ($6,000,000.00), from time to time, as the same may 
be needed or required for the purposes hereinafter named and said bonds shall be 
sold by said Board of Finance from time to time and at such times as shall be req- 
uisite, and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become ef- 
fective unless it shall be approved by a majority of the votes of the legal voters of 



330 ORDINANCES Ord. No. 116 

Baltimore City cast at the time and place hereinafter designated by this 
Ordinance. 



Sec. 2. And be it further ordained, That: 

(a) Said bonds shall be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars 
($1,000.00), or any suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in accordance with a serial 
maturity plan so worked out as to discharge the entire principal amount 
represented thereby within not more than forty (40) years from the date of their 
issuance; provided, however, that it shall not be necessary to provide for the 
maturity of any part of the principal amount represented by any of said bonds for 
the first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such rate or rates as may be 
determined by a majority of the Board of Finance by resolution at such time or 
times when any of said bonds are issued, and such interest shall be payable senu- 
annually. 

Sec. 3. And be it further ordained, That a majority of the Board of Finance of 
the Mayor and City Council of Baltimore be, and they are hereby, authorized to 
pass a resolution or resolutions, from time to time, to determine and set forth 
any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City Council of 
Baltimore at any particular time, and from time to time, under and pursuant to 
the provisions of this ordinance; the date or dates when any bonds representing 
said debt, or any part thereof, are to mature, and the amount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid date or dates; 
and the semi-annual dates in each year, during the entire period of time when any 
of said bonds are outstanding, when interest on any of said bonds shall be 
payable. 

(b) The form or forms of the bonds representing the debt, or any part thereof, 
authorized to be issued under the provisions of this ordinance at any particular 
time, including any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, for the issuance of 
fully registered bonds; the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the conversion and reconver- 
sion into coupon bonds of any fully registered bonds or coupon bonds registered 
as to principal; the place or places for the payment of principal and interest of 
said bonds; and the date of said bonds issued at any particular time, and the right 
of redemption of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisement of the readiness of 
the Board of Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of such bids; the 
time, place and manner of awarding bonds so bid for, including the right 



ORDINANCES 331 

whenever any of the bonds authorized by this Ordinance are offered for sale and 
sold at the same time as other bonds of said City, to establish the conditions for 
bids and awards and to award all of said bonds on an all or none basis; and the 
time, place, terms and nnanner of settlement for the bonds so bid for. 

Sec. 4. And be it further ordained. That: 

(a) All premiums resulting from the sale of any of the bonds issued and sold 
pursuant to the provisions of this Ordinance shall be applied first to defray the 
cost of issuance thereof and the balance, if any, shall be applied to the payment of 
interest on any of said bonds becoming due and payable during the fiscal year in 
which said bonds are issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the bonds 
issued and sold pursuant thereto and their transfer, and the principal and in- 
terest payable thereon (including any profit made in the sale thereof), shall be 
and remain exempt from any and all State, county and municipal taxation in the 
State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this Ordinance shall 
be sold at public sale to the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, shall have the right to reject any or all 
bids therefor for any reason, and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds be offered at private sale 
they shall be offered for sale and sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained, That until all of the interest on and principal 
of any bonds issued pursuant to the provisions of this Ordinance have been paid 
in full, the Mayor and City Council of Baltimore shall levy and impose an annual 
tax on each One Hundred Dollars ($100.00) of assessable property in the City of 
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin- 
cipal of all bonds theretofore issued and outstanding or authorized to be issued 
and outstanding, payable in the next succeeding year. 

Sec. 6. And be it further ordained, That this Ordinance shall be submitted to 
the legal voters of the City of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore City, on Tuesday, the 6th day of 
November, 1984. 

Sec. 7. And be it further ordained, That prior to the date of the election 
hereinbefore mentioned, notice shall be given to the public of the amount of 
money which the Mayor and City Council of Baltimore is authorized to borrow, 
and the general purposes for which such borrowed funds may be expended, 
under the terms and provisions of this Ordinance, and the time when the election 
hereinbefore mentioned is to be held; and such public notice shall be given in such 
manner and by such means or through such media and at such time or times as 
may be determined, from lime to time, by a majority of the Board of Finance. 

Sec. 8. And be it further ordained, That the actual cash proceeds derived from 
the sale of the bonds authorized to be issued under the provisions of this 



332 ORDINANCES Ord. No. 116 

Ordinance, not exceeding the par value thereof, shall be used exclusively for the 
following purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the premiums realized 
from the sale, if any, for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other incidental expense connected 
therewith; and 

(b) The remainder of such proceeds to be used to make or contract to make 
financial loans to any person or other legal entity to be used for or in connection 
with the purchase, acquisition, construction, reconstruction, erection, develop- 
ment, redevelopment, rehabilitation, renovation, modernization or improvement 
of buildings or structures, including any land necessary therefor, within the 
boundaries of Baltimore City, which buildings or structures are to be used or oc- 
cupied for industrial purposes; to guarantee or insure financial loans made by 
third parties to any person or other legal entity which are to be used for or in con- 
nection with the purchase, acquisition, construction, reconstruction, erection, 
development, redevelopment, rehabilitation, renovation, modernization or im- 
provement of buildings or structures, including any land necessary therefor, 
within the boundaries of Baltimore City, which buildings or structures are to be 
used or occupied for industrial purposes; to make or contract to make financial 
loans to any person or other legal entity to be used for or in connection with the 
purchase or acquisition of leasehold or fee simple interests in buildings or struc- 
tures, and for construction, reconstruction, erection, development, rehabilita- 
tion, renovation, redevelopment or improvement of buildings or structures, 
located within the boundaries of Baltimore City, which buildings or structures 
are to be used or occupied for commercial purposes; to guarantee or insure finan- 
cial loans made by third parties to any person or other legal entity to be used for 
or in connection with the purchase or acquisition of leasehold or fee simple in- 
terests in buildings or structures, and for construction, reconstruction, erection, 
development, rehabilitation, renovation, redevelopment or improvement of 
buildings or structures, located within the boundaries of Baltimore City, which 
buildings or structures are to be used or occupied for commercial purposes; and 
for doing any and all things necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things hereinbefore mentioned; 

Sec. 9. And be it further ordained, That no part of the proceeds of sale of the 
bonds hereby authorized to be issued shall be expended until after the Board of 
Finance has determined, based upon such data as said Board of Finance shjill re- 
quire to be submitted to it to enable it to make such determination, that any 
financial loans made, guaranteed or insured from such proceeds, shall, in fact, be 
self-supporting. 

Sec. 10. And be it further ordained, That the expenditure of the proceeds 
derived from the sale of the bonds authorized to be issued under the provisions of 
this Ordinance shall be in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency designated in 
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore. 

Approved June 25, 1984 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 333 

No. 117 
(Council No. 229) 

AN ORDINANCE concerning 

BOND ISSUE -STREET AND BRIDGE LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur- 
suant to Resolution XII of 1984 approved by the members of the General 
Assembly of Maryland representing Baltimore City), to issue and sell its cer- 
tificates of indebtedness to an amount not exceeding ten million dollars 
($10,000,000.00), the proceeds derived from the sale of the same to be used for 
the cost of issuance, including the expense of engraving, printing, advertising, 
attorneys' fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds shall be used for or in connection with the demoli- 
tion, removal, relocation, renovation, alteration, construction, reconstruction, 
installation, improvement and repair of land, buildings, streets, highways, 
alleys, bridges, utilities or services, and other related structures or im- 
provements, located within the boundaries of Baltimore City, and the payment 
of any and all costs and expenses incurred for or in connection with doing any 
and all things herein mentioned, including, but not limited to, the costs and ex- 
penses of securing administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other professional services; 
and for doing any and all things necessary, proper or expedient in connection 
with or pertaining to any or all of the matters or things hereinbefore men- 
tioned; to confer and impose upon the Board of Finance of Baltimore City cer- 
tain powers and duties; to authorize the submission of this ordinance to the 
legal voters of the City of Baltimore, for their approval or disapproval, at the 
general election to be held in Baltimore City on Tuesday, the 6th day of 
November, 1984 and providing for the expenditure of the proceeds of sale of 
said certificates of indebtedness in accordance with the provisions of the 
Charter of the Mayor and City Council of Baltimore, and by the municipal 
agency designated in the annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Where.\s, by Resolution XII of 1984 approved by the Members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and sell its certificates of 
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not 
exceeding Ten Million Dollars ($10,000,000.00) in the manner and upon the 
terms set forth in said Resolution, the net cash proceeds derived from the sale of 
said bonds, not exceeding the par value of said bonds, to be used for street and 
bridge purposes as authorized by said Resolution; and 

Whkklas, Funds are now needed for said purposes; therefore 

Skctidn 1. Be It ordauu'd by the Mayor and City Cuuncil of Hallunore, That 
the Mayor and City Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby authorized and empowered to 



334 ORDINANCES Ord. No. 117 

issue bonds of the Mayor and City Council of Baltimore to an amount not ex- 
ceeding Ten Million Dollars ($10,000,000.00), from time to time, as the same may 
be needed or required for the purposes hereinafter named and said bonds shall be 
sold by said Board of Finance from time to time and at such times as shall be req- 
uisite, and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become ef- 
fective unless it shall be approved by a majority of the votes of the legal voters of 
Baltimore City cast at the time and place hereinafter designated by this 
Ordinance. 

Sec. 2. And be it further ordained, That: 

(a) Said bonds shall be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars 
($1,000.00), or any suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in accordance with a serial 
maturity plan so worked out as to discharge the entire principal amount 
represented thereby within not more than forty (40) years from the date of their 
issuance; provided, however, that it shall not be necessary to provide for the 
maturity of any part of the principal amount represented by any of said bonds for 
the first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such rate or rates as may be 
determined by a majority of the Board of Finance by resolution at such time or 
times when any of said bonds are issued, and such interest shall be payable semi- 
annually. 

Sec. 3. And be it further ordained, That a majority of the Board of Finance of 
the Mayor and City Council of Baltimore be, and they are hereby, authorized to 
pass a resolution or resolutions, from time to time, to determine and set forth 
any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City Council of 
Baltimore at any particular time, and from time to time, under and pursuant to 
the provisions of this ordinance; the date or dates when any bonds representing 
said debt, or any part thereof, are to mature, and the amount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid date or dates; 
and the semi-annual dates in each year, during the entire period of time when any 
of said bonds are outstanding, when interest on any of said bonds shall be 
payable. 

(b) The form or forms of the bonds representing the debt, or any part thereof, 
authorized to be issued under the provisions of this ordinance at any particular 
time, including any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, for the issuance of 
fully registered bonds; the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the conversion and reconver- 
sion into coupon bonds of any fully registered bonds or coupon bonds registered 
as to principal; the place or places for the payment of principal and interest of 
said bonds; and the date of said bonds issued at any particular time, and the right 
of redemption of said bonds by the City prior to maturity; and 



ORDINANCES 335 

(c) The time, place, manner and medium of advertisement of the readiness of 
the Board of Finance, acting for an on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of such bids; the 
time, place, and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale and 
sold at the same time as other bonds of said City, to establish the conditions for 
bids and awards and to award all of said bonds on an all or none basis; and the 
time, place, terms and manner of settlement for the bonds so bid for. 

Section i.And be it further ordained. That: 

(a) All premiums resulting from the sale of any of the bonds issued and sold 
pursuant to the provisions of this Ordinance shall be applied first to defray the 
cost of issuance thereof and the balance, if any, shall be applied to the payment of 
interest on any of said bonds becoming due and payable during the fiscal year in 
which said bonds are issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the bonds 
issued and sold pursuant thereto and their transfer, and the principal and in- 
terest payable thereon (including any profit made in the sale thereof), shall be 
and remain exempt from any and all State, county and municipal taxation in the 
State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this Ordinance shall 
be sold at public sale to the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, shall have the right to reject any or all 
bids therefor for any reason, and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that is such bonds be offered at private sale 
they shall be offered for sale and sold for not less than par and accrued interest. 

Sec. b.Ayid be it further ordained, That until all of the interest on and principal 
of any bonds issued pursuant to the provisions of this Ordinance have been paid 
in full, the Mayor and City Council of Baltimore shall levy and impose an annual 
tax on each One Hundred Dollars ($100.00) of assessable property in the City of 
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin- 
cipal of all bonds theretofore issued and outstanding or authorized to be issued 
and outstanding, payable in the next succeeding year. 

Stc. 6. And be it further ordained, That this Ordinance shall be submitted to 
the legal voters of the City of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore City, on Tuesday, the 6th day of 
November, 1984. 

Sec. 7. And be it further ordained, That prior to the date of the election 
hereinbefore mentioned, notice shall be given to the public of the amount of 
money which the Mayor and City Council of Baltimore is authorized to borrow, 
and the general purposes for which such borrowed funds may be expended, 
under the terms and provisions of this Ordinance, and the time when the election 



336 ORDINANCES Ord. No. 118 

hereinbefore mentioned is to be held; and such public notice shall be given in such 
manner and by such means or through such media and at such time or times as 
may be determined, from time to time, by a majority of the Board of Finance. 

Sec. 8. And be it further ordained, That the actual cash proceeds derived from 
the sale of the bonds authorized to be issued under the provisions of this 
Ordinance, not exceeding the par value thereof, shall be used exclusively for the 
following purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the premiums realized 
from the sale, if any, for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other incidental expenses con- 
nected therewith; and 

(b) The remainder of such proceeds shall be used for or in connection with the 
demolition, removal, relocation, renovation, alteration, construction, reconstruc- 
tion, installation, improvement and repair of land, buildings, streets, highways, 
alleys, bridges, utitlities or services, and other related structures or im- 
provements, located within the boundaries of Baltimore City, and the payment of 
any and all costs and expenses incurred for or in connection with doing and all 
things herein mentioned, including, but limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other professional services; and for do- 
ing any and all things necessary, proper or expedient in connection with or per- 
taining to any or all the matters or things hereinbefore mentioned. 

Sec. 9. And be it further ordained. That the expenditure of the proceeds de- 
rived from the sale of the bonds authorized to be issued under the provisions of 
this Ordinance shall be in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency designated in 
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore. 



Approved June 25, 1984 



WILLIAM DONALD SCHAEFER, Mayor 



No. 118 
(Council No. 230) 

AN ORDINANCE concerning 

BOND ISSUE -SOLID WASTE LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur- 
suant to Resolution II of 1984 approved by the members of the General 
Assembly of Maryland representing Baltimore City), to issue and sell its cer- 
tificates of indebtedness to an amount not exceeding One Million Dollars 
($1,000,000.00), the proceeds derived from the sale of the same to be used for 



ORDINANCES 337 

the cost of issuance, including the expense of engraving, printing, advertising, 
attorneys' fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds shall be used for or in connection with planning, 
developing, and making operative a comprehensive system for the disposal of 
solid wastes, including, but not limited to, the following, in connection with 
said solid waste disposal system: the acquisition, by purchase or condemna- 
tion, or any other legal means, of land or property, or any rights therein, in the 
City of Baltimore, constructing and erecting on said land or property or on any 
land or property now or hereafter owned by the Mayor and City Council of 
Baltimore new buildings, structures and facilities; improving and developing 
any landfill sites in the City of Baltimore which are now or hereafter owned by 
the Mayor and City Council of Baltimore; the establishment and development 
of sites for landfills and the establishment and development of transfer sta- 
tions; the acquisition or installation of materials and equipment needed for or 
in connection with any or all of the forementioned activities, and for doing any 
and all things necessary, proper or expedient in connection with or pertaining 
to any or all of the matters or things hereinbefore mentioned; to confer and im- 
pose upon the Board of Finance of Baltimore City certain powers and duties; 
to authorize the submission of this Ordinance to the legal voters of the City of 
Baltimore, for their approval or disapproval, at the General Election to be held 
in Baltimore City on Tuesday, the 6th day of November, 1984 and providing 
for the expenditure of the proceeds of sale of said certificates of mdebtedness 
in accordance with the provisions of the Charter of the Mayor and City Council 
of Baltimore, and by the municipal agency designated in the annual Ordinance 
of Estimates of the Mayor and City Council of Baltimore. 

Whereas, by Resolution II of 1984 approved by the Members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and sell its certificates of 
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not 
exceeding One Million Dollars ($1,000,000.00) in the manner and upon the terms 
set forth in said Resolution, the net cash proceeds derived from the sale of said 
bonds, not exceeding the par value of said bonds, to be used for or in connection 
with a comprehensive program for the disposal of solid waste as authorized by 
said Resolution; and 

Whereas, Funds are now needed for said purposes; therefore 

Section I. Be it ordained by the Mayor and City Council of Baltimore. That 
the Mayor and City Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby authorized and empowered to 
issue bonds of the Mayor and City Council of Baltimore to an amount not ex- 
ceeding One Million Dollars ($1,000,000.00), from time to time, as the same may 
be needed or required for the purposes hereinafter named and said bonds shall be 
sold by said Board of Finance from time to time and at such times as shall be req- 
uisite, and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become ef- 
fective unless it shall be approved by a majority of the votes of the legal voters of 
Baltimore City cast at the time and place hereinafter designated by this 
Ordinance. 



338 ORDINANCES Ord. No. 118 

Sec. 2. And be it further ordained. That: 

(a) Said bonds shall be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars 
($1,000.00), or any suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in accordance with a serial 
maturity plan so worked out as to discharge the entire principal amount 
represented thereby within not more than forty (40) years from the date of their 
issuance; provided, however, that it shall not be necessary to provide for the 
maturity of any part of the principal amount represented by any of said bonds for 
the first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such rate or rates as may be 
determined by a majority of the Board of Finance by resolution at such time or 
times when any of said bonds are issued, and such interest shall be payable senu- 
annually. 

Sec. 3. And be it further ordained, That a majority of the Board of Finance of 
the Mayor and City Council of Baltimore be, and they are hereby, authorized to 
pass a resolution or resolutions, from time to time, to deternrune and set forth 
any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City Council of 
Baltimore at any particular time, and from time to time, under and pursuant to 
the provisions of this ordinance; the date or dates when any bonds representing 
said debt, or any part thereof, are to mature, and the amount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid date or dates; 
and the semi-annual dates in each year, during the entire period of time when any 
of said bonds are outstanding, when interest on any of said bonds shall be 
payable. 

(b) The form or forms of the bonds representing the debt, or any part thereof, 
authorized to be issued under the provisions of this ordinance at any particular 
time, including any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, for the issuance of 
fully registered bonds; the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the conversion and reconver- 
sion into coupon bonds of any fully registered bonds or coupon bonds registered 
as to principal; the place or places for the payment of principal and interest of 
said bonds; and the date of said bonds issued at any particular time, and the right 
of redemption of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisement of the readiness of 
the Board of Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of such bids; the 
time, place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale and 
sold at the same time as other bonds of said City, to establish the conditions for 



ORDINANCES 339 

bids and awards and to award all of said bonds on an all or none basis; and the 
time, place, terms and manner of settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued and sold 
pursuant to the provisions of this Ordinance shall be applied first to defray the 
cost of issuance thereof and the balance, if any, shall be applied to the payment of 
interest on any of said bonds becoming due and payable during the fiscal year in 
which said bonds are issued and sold or during the liext succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the bonds 
issued and sold pursuant thereto and their transfer, and the principal and in- 
terest payable thereon (including any profit made in the sale thereof), shall be 
and remain exempt from any and all State, county and municipal taxation in the 
State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this Ordinance shall 
be sold at public sale to the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, shall have the right to reject any or all 
bids therefor for any reason, and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds be offered at private sale 
they shall be offered for sale and sold for not less than par and accrued interest. 

Sec. 5. Aiid be it further ordained, That until all of the interest on and principal 
of any bonds issued pursuant to the provisions of this Ordinance have been paid 
in full, the Mayor and City Council of Baltimore shall levy and impose an annual 
tax on each One Hundred Dollars ($100.00) of assessable property in the City of 
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin- 
cipal of all bonds theretofore issued and outstanding or authorized to be issued 
and outstanding, payable in the next succeeding year. 

Sec. 6. And be it further ordained, That this Ordinance shall be submitted to 
the legal voters of the City of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore City, on Tuesday, the 6th day of 
November, 1984. 

Sec. 7. And be it further ordained. That prior to the date of the election 
hereinbefore mentioned, notice shall be given to the public of the amount of 
money which the Mayor and City Council of Baltimore is authorized to borrow, 
and the general purposes for which such borrowed funds may be expended, 
under the terms and provisions of this Ordinance, and the time when the election 
hereinbefore mentioned is to be held; and such public notice shall be given in such 
manner and by such means or through such media and at such time or times as 
may be determined, from time to time, by a majority of the Board of Finance. 

Sec. %.And be it further ordained. That the actual cash proceeds derived from 
the sale of the bonds authorized to be issued under the provisions of this 
Ordinance, not exceeding the par value thereof, shall be used exclusively for the 
following purposes, to wit: 



340 ORDINANCES Ord. No. 119 

(a) So much thereof as may be necessary, in addition to the premiums realized 
from the sale, if any, for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other incidental expenses con- 
nected therewith; and 

(b) The remainder of such proceeds shall be used for or in connection with plan- 
ning, developing, and making operative a comprehensive system for the disposal 
of solid wastes, including, but not limited to, the following, in connection with 
said solid waste disposal system; the acquisition by purchase or condemnation, or 
any other legal means, of land or property, or any rights therein, in the City of 
Baltimore; constructing and erecting on said land or property or on any land or 
property now or hereafter owned by the Mayor and City Council of Baltimore 
new buildings, structures and facilities; improving and developing any landfill 
sites in the City of Baltimore which are now or hereafter owned by the Mayor 
and City Council of Baltimore; the establishment and development of sites for 
landfills and the establishment and development of transfer stations; the acquisi- 
tion or installation of materials and equipment needed for or in connection with 
any or all of the forementioned activities, and for doing any and all things 
necessary, proper or expedient in connection with or pertaining to any or all the 
matters or things hereinbefore mentioned. 

Sec. 9. And be it further ordained, That the expenditure of the proceeds de- 
rived from the sale of the bonds authorized to be issued under the provisions of 
this Ordinance shall be in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency designated in 
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore. 



I 



Approved June 25, 1984 



WILLIAM DONALD SCHAEFER. Mayor. 



No. 119 
(Council No. 232) 

AN ORDINANCE concerning 

BOND ISSUE -RECREATION AND PARKS LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur- 
suant to Resolution IX of 1984 approved by the members of the General 
Assembly of Maryland representing Baltimore City), to issue and sell its cer- 
tificates of indebtedness to an amount not exceeding Two Million Dollars 
($2,000,000.00), the proceeds derived from the sale of the same to be used for 
the cost of issuance, including the expense of engraving, printing, advertising, 
attorneys' fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds shall be used for the acquisition, by purchase or 
condemnation of any other legal means, or land or property in the City of 
Baltimore and establishing thereon or therein, or on or in land or property now 



ORDINANCES 341 

or hereafter owned by the Mayor and City Council of Baltimore, new parks, 
playgrounds, playfields, playlots, recreational centers or recreational 
buildings; and for the design, redesign, development, redevelopment and im- 
provement of park, school and other properties now or hereafter owned by the 
Mayor and City Council of Baltimore for park or recreational purposes; and 
for the acquisition, construction, reconstruction, installation, erection, protec- 
tion, extension, enlargement, renovation or modernization of, and additions 
to, public park or recreational buildings, structures or facilities, including, but 
not limited to, the zoo located in Druid Hill Park; and for the acquisition and in- 
stallation of equipment for any and all new facilities authorized to be con- 
structed, erected or established under the provisions hereof, and for doing any 
and all things necessary, proper or expedient in connection with or pertaining 
to any or all of the matters or things hereinbefore mentioned; provided, 
however, that no part of such proceeds shall be used to pay costs not directly 
related to and required for the acquisition, construction, or completion of a 
specific physical improvement and the initial equipping thereof; limiting the 
use of the proceeds of the sale of the bonds to expenditures for capital im- 
provement projects having an estimated service life of not less than fifteen 
(15) years, and providing that such proceeds shall not be used for current 
operating expenses of the City; to confer and impose upon the Board of 
Finance of Baltimore City certain powers and duties; to authorize the submis- 
sion of this Ordinance to the legal voters of the City of Baltimore, for their ap- 
proval or disapproval, at the General Election to be held in Baltimore City on 
Tuesday, the 6th day of November, 1984 and providing for the expenditure of 
the proceeds of sale of said certificates of indebtedness in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and by 
the municipal agency designated in the annual Ordinance of Estimates of the 
Mayor and City Council of Baltimore. 

Whereas, by Resolution IX of 1984 approved by the Members of the General 
Assembly of Mar>'land representing Baltimore City, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and sell its certificates of 
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not 
exceeding Two Million Dollars ($2,000,000.00) in the manner and upon the terms 
set forth in said Resolution, the net cash proceeds derived from the sale of said 
bonds, nut exceeding the par value of said bonds, to be used for recreational and 
park purposes as authorized by said Resolution; and 

WnEKE.AS, Funds are now needed for said purposes; therefore 

Seltio.n 1. Be it ordained by the Mayor and City Council of Baltimore. That 
the Mayor and City Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby authorized and empowered to 
issue bonds of the Mayor aiui City Council of Baltimore to an amount not ex- 
ceeding Two Million Dollars ($2,000,000.00), from time to time, as the same may 
be needed or required for the pur})oses hereinafter named and said bonds shall be 
sold by said Board of Finance from time to tinie and at such tinies as shall be req- 
uisite, and the proceeds derived from the sale of said lionds shall be used for the 
pur|>oses hereinafter named, provided that this Ordinance shall not become ef- 
fective unless it shall be apprcjved by a majority of the votes of the legal voters of 



342 ORDINANCES Ord. No. 119 

Baltimore City cast at the time and place hereinafter designated by this 
Ordinance. 



Sec. 2. And be it further ordained, That: 

(a) Said bonds shall be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars 
($1,000.00), or any suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in accordance with a serial 
maturity plan so worked out as to discharge the entire principal amount 
represented thereby within not more than forty (40) years from the date of their 
issuance; provided, however, that it shall not be necessary to provide for the 
maturity of any part of the principal amount represented by any of said bonds for 
the first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such rate or rates as may be 
determined by a majority of the Board of Finance by resolution at such time or 
times when any of said bonds are issued, and such interest shall be payable semi- 
annually. 

Sec- 3. And be it further ordained, That a majority of the Board of Finance of 
the Mayor and City Council of Baltimore be, and they are hereby, authorized to 
pass a resolution or resolutions, from time to time, to determine and set forth 
any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City Council of 
Baltimore at any particular time, and from time to time, under and pursuant to 
the provisions of this ordinance; the date or dates when any bonds representing 
said debt, or any part thereof, are to mature, and the amount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid date or dates; 
and the semi-annual dates in each year, during the entire period of time when any 
of said bonds are outstanding, when interest on any of said bonds shall be 
payable. 

(b) The form or forms of the bonds representing the debt, or any part thereof, 
authorized to be issued under the provisions of this ordinance at any particular 
time, including any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, for the issuance of 
fully registered bonds; the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the conversion and reconver- 
sion into coupon bonds of any fully registered bonds or coupon bonds registered 
as to principal; the place or places for the payment of principal and interest of 
said bonds; and the date of said bonds issued at any particular time, and the right 
of redemption of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisement of the readiness of 
the Board of Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of such bids; the 



OKDINANCES 343 

time, place, and manner of awarding bonds so bid for, including the right 
whenever any of the lx)nds authorized by this Ordinance are offered for sale and 
sold at the same time as other bonds of said City, to establish the conditions for 
bids and awards and to award all of said bonds on an all or none basis; and the 
time, place, terms and manner of settlement for the bonds so bid for. 

Sec. 4. And be it further ordained. That: 

(a) All premiums resulting from the sale of any of the bonds issued and sold 
pursuant to the provisions of this Ordinance shall be applied first to defray the 
cost of issuance thereof and the balance, if any, shall be applied to the payment of 
interest on any of said bonds becoming due and payable during the fiscal year in 
which said bonds are issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the bonds 
issued and sold pursuant thereto and their transfer, and the principal and in- 
terest payable thereon (including any profit made in the sale thereoO, shall be 
and remain exempt from any and all State, county and municipal taxation in the 
State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this Ordinance shall 
be sold at public sale to the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, shall have the right to reject any or all 
bids therefor for any reason, and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds be offered at private sale 
they shall be offered for sale and sold for not less than par and accrued interest. 

Skc. 5. And be it further urdai)ied, That ujitil all of the interest on and principal 
of any bonds issued pursuant to the provisions of this Ordinance have been paid 
in full, the Mayor and City Council of Baltimore shall levy and impose an annual 
tax on each One Hundred Dollars ($100.00) of assessable property in the City of 
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin- 
cipal of all bonds theretofore issued and outstanding or authorized to be issued 
and outstanding, payable in the next succeeding year. 

Sec. 6. And be it further urdained, That this Ordinance shall be submitted to 
the legal voters of the City of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore City, on Tuesday, the 6th day of 
November, 1984. 

Skc. 7. And be it further ordained. That prior to the date of the election 
hereinbefore mentioned, notice shall be given to the public of the amount of 
money which the May<»r and City Council of Baltimore is authorized to borrow, 
and the general purp(jses for which such borrowed funds may be expended, 
under the terms and provisions of this Ordinance, and the time when the election 
hereinbefore mentioned is to be held; and such public notice shall be given in such 
manner and by such means or through such media and at such time or times as 
may be determined, from lime to time, by a majority of the Bcjard of Finance. 

Sec . 8. And be it further indamed. That the actual cash proceeds derived from 
the sale of the bonds authorized to be issued under the provisions of this 



344 ORDINANCES Ord. No. 119 

Ordinance, not exceeding the par value thereof, shall be used exclusively for the 
following purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the premiums realized 
from the sale, if any, for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other incidental expenses con- 
nected therewith; and 

(b) The remainder of such proceeds shall be used for the acquisition, by pur- 
chase or condemnation or any other legal means, of land or property in the City 
of Baltimore and establishing thereon or therein, or on or in land or property now 
or hereafter owned by the Mayor and City Council of Baltimore, new parks, 
playgrounds, playfields, playlots, recreational centers or recreational buildings; 
and for the design, redesign, development, redevelopment and improvement of 
park, school and other properties now or hereafter owned by the Mayor and City 
Council of Baltimore for park or recreational purposes; and for the acquisition, 
construction, reconstruction, installation, erection, protection, extension, 
enlargement, renovation or modernization of, and additions to, public park or 
recreational buildings, structures or facilities, including, but not limited to, the 
zoo located in Druid Hill Park; and for the acquisition and installation of equip- 
ment for any and all new facilities authorized to be constructed, erected or 
established under the provisions hereof, and for doing any and all things 
necessary, proper or expedient in connection with or pertaining to any or all of 
the matters or things hereinbefore mentioned; provided, however, that no part of 
such proceeds shall be used to pay costs not directly related to and required for 
the acquisition, construction, or completion of a specific physical improvement 
and the initial equipping thereof; 

(c) The use of the proceeds of the sale of the bonds shall be limited to expendi- 
tures for capital improvement projects having an estimated service life of not 
less than fifteen (15) years, and providing that such proceeds shall not be used for 
current operating expenses of the City. 

Sec. 9. And be it further ordained, That the expenditure of the proceeds de- 
rived from the sale of the bonds authorized to be issued under the provisions of 
this Ordinance shall be in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency designated in 
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore. 

Approved June 25, 1984 

WILLIAM DONALD SCHAEFER. Mayor. 



ORDINANCES 345 

No. 120 
(Council No. 233) 

AN ORDINANCE concerning 

BOND ISSUE -COMMUNITY DEVELOPMENT LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur- 
suant to Resolution I of 1984 approved by the members of the General 
Assembly of Maryland representing Baltimore City), to issue and sell its cer- 
tificates of indebtedness to an amount not exceeding Twelve Million Dollars 
($12,000,000.00), the proceeds derived from the sale of the same to be used for 
the cost of issuance, including the expense of engraving, printing, advertising, 
attorneys' fees, and aJI other incidental expenses connected therewith, and the 
remainder of such proceeds shall be used for or in connection with planning, 
developing, executing, and making operative the Community Development 
Program of the Mayor and City Council of Baltimore, including, but not 
limited to, the acquisition, by purchase, lease, condemnation or any other legal 
means, of land or property, or any right, interest, franchise, easement or 
privilege therein, in the City of Baltimore; the payment of any and all costs 
and expenses incurred in connection with or incidental to the acquisition and 
management of said land or property, including any and all rights or interest 
therein hereinbefore mentioned; and payment of any and all costs and ex- 
penses incurred for or in connection with relocating and moving persons or 
other legal entities displaced by the acquisition of said land or property, or any 
of the rights or interest therein hereinbefore mentioned; the development, or 
redevelopment, including, but not limited to, the comprehensive renovation or 
rehabilitation of any land or property, or any rights or interests therein 
hereinbefore mentioned, in the City of Baltimore, and the disposition of land 
and property for such purposes; the elimination of unhealthful, unsanitary or 
unsafe conditions, lessening density, eliminating obsolete or other uses 
detrimental to the public welfare or otherwise removing or preventing the 
spread of blight or deterioration in the City of Baltimore; the demolition, 
removal, relocation, renovation or alteration of land, buildings, streets, 
highways, alleys, utilities or services, and other structures or improvements, 
and for the construction, reconstruction, installation, relocation or repair of 
buildings, streets, highways, alleys, utilities or services, and other structures 
or improvements; the payment of any and all costs and expenses incurred for 
or in connection with doing any or all of the things herein mentioned, in- 
cluding, but not limited to, the costs and expenses of securing administrative, 
appraisal, economic analysis, engineering, planning, designing, architectural, 
surveying, and other professional services; and doing any and all things 
necessary, proper or expedient in connection with or pertaining to any or all of 
the matters or things hereinbefore mentioned; limiting the use of the proceeds 
of the sale of the bonds to expenditures for capital improvement projects hav- 
ing an estimated service life of not less than fifteen (15) years, and providing 
that such proceeds shall not be used for current operating expenses of the 
City; conferring and imposing upon the Board of Finance of Baltimore City 
certain powers and duties; authorizing the submission of this ordinance to the 



346 ORDINANCES Ord. No. 120 

legal voters of the City of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore City on Tuesday, the 6th day of 
November, 1984 and providing for the expenditures of the proceeds of sale of 
said certificates of indebtedness in accordance with the provisions of the 
Charter of the Mayor and City Council of Baltimore, and by the municipal 
agency designated in the annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 



Whereas, by Resolution I of 1984 approved by the Members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and sell its certificates of 
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not 
exceeding Twelve Million Dollars ($12,000,000.00) in the manner and upon the 
terms set forth in said Resolution, the proceeds thereof, not exceeding the par 
value of said certificates of indebtedness, to be used for or in connection with the 
Community Development Program of the City of Baltimore; and 

Whereas, Funds are now needed for said purposes; therefore 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
the Mayor and City Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby authorized and empowered to 
issue bonds of the Mayor and City Council of Baltimore to an amount not ex- 
ceeding Twelve Million Dollars ($12,000,000.00), from time to time, as the same 
may be needed or required for the purposes hereinafter named and said bonds 
shall be sold by said Board of Finance from time to time and at such times as shall 
be requisite, and the proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this Ordinance shall not 
become effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by this 
Ordinance. 

Sec. 2. And be it further ordained, That: 

(a) Said bonds shall be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars 
($1,000.00), or any suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in accordance with a serial 
maturity plan so worked out as to discharge the entire principle amount 
represented thereby within not more than forty (40) years from the date of their 
issuance; provided, however, that it shall not be necessary to provide for the 
maturity of any part of the principal amount represented by any of said bonds for 
the first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such rate or rates as may be 
determined by a majority of the Board of Finance by resolution at such time or 
times when any of said bonds are issued, and such interest shall be payable semi- 
annually. 



ORDINANCES 347 

Sec. 3. And be it further ordained. That a majority of the Board of Finance of 
the Mayor and City Council of Baltimore be, and they are hereby, authorized to 
pass a resolution or resolutions, from time to time, to determine and set forth 
any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City Council of 
Baltimore at any particular time, and from time to time, under and pursuant to 
the provisions of this ordinance; the date or dates when any bonds representing 
said debt, or any part thereof, are to mature, and the amount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid date or dates; 
and the semi-annual dates in each year, during the entire period of time when any 
of said bonds are outstanding, when interest on any of said bonds shall be 
payable. 

(b) The form or forms of the bonds representing the debt, or any part thereof, 
authorized to be issued under the provisions of this ordinance at any particular 
time, including any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, for the issuance of 
fully registered bonds; the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the conversion and reconver- 
sion into coupon bonds of any fully registered bonds or coupon bonds registered 
as to principal; the place or places for the payment of principal and interest of 
said bonds; and the date of said bonds issued at any particular time, and the right 
of redemption of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisenient of the readiness of 
the Board of Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of such bids; the 
time, place, and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale and 
sold at the same time as other bonds of said City, to establish the conditions for 
bids and awards and to award all of said bonds on an all or none basis; and the 
time, place, terms and manner of settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued and sold 
pursuant to the provisions of this Ordinance shall be applied first to defray the 
cost of issuance thereof and the balance, if any, shall be applied to the payment of 
interest on any of said bonds becoming due and payable during the fiscal year in 
which said bonds are issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the bonds 
issued and sold pursuant thereto and their transfer, and the principal and in- 
terest payable thereon (inclucJing any profit made in the sale thereof), shall be 
and remain exempt from any and all State, county and municipal taxation in the 
State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this Ordinance shall 
be sold at public sale to the highest responsible bidder or bidders therefor after 



348 ORDINANCES Ord. No. 120 

due notice of such sale, but the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, shall have the right to reject any or all 
bids therefor for any reason, and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds be offered at private sale 
they shall be offered for sale and sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained, That until all of the interest on and principal 
of any bonds issued pursuant to the provisions of this Ordinance have been paid 
in full, the Mayor and City Council of Baltimore shall levy and impose an annual 
tax on each One Hundred Dollars ($100.00) of assessable property in the City of 
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin- 
cipal of all bonds theretofore issued and outstanding or authorized to be issued 
and outstanding, payable in the next succeeding year. 

Sec. 6. And be it further ordained, That this Ordinance shall be submitted to 
the legal voters of the City of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore City, on Tuesday, the 6th day of 
November, 1984. 

Sec. 7. And be it further ordained, That prior to the date of the election 
hereinbefore mentioned, notice shall be given to the public of the amount of 
money which the Mayor and City Council of Baltimore is authorized to borrow, 
and the general purposes for which such borrowed funds may be expended, 
under the terms and provisions of this Ordinance, and the time when the election 
hereinbefore mentioned is to be held; and such public notice shall be given in such 
manner and by such means or through such media and at such time or times as 
may be determined, from time to time, by a majority of the Board of Finance. 

Sec. 8. And be it further ordained, That the actual cash proceeds derived from 
the sale of the bonds authorized to be issued under the provisions of this 
Ordinance, not exceeding the par value thereof, shall be used exclusively for the 
following purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the premiums realized 
from the sale, if any, for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other incidental expenses con- 
nected therewith; and 

(b) The remainder of such proceeds shall be used for or in connection with plan- 
ning, developing, executing and making operative the Community Development 
Program of the Mayor and City Council of Baltimore, including, but not limited to: 

(i) the acquisition, by purchase, lease, condemnation or any other legal 
means, of land or property, or any right, interest, franchise, easement or 
privilege therein, in the City of Baltimore; 

(ii) The payment of any and all costs and expenses incurred in connection 
with or incidental to the acquisition and management of said land or property, in- 
cluding any and all rights or interest therein hereinbefore mentioned; 

(iii) The payment of any and all costs and expenses incurred for or in con- 
nection with relocating and moving persons or other legal entities displaced by 



ORDINANCES 349 

the acquisition of said land or property, or any of the rights or interests therein 
hereinbefore mentioned; 

(iv) The development or redevelopment, including, but not limited to, the 
comprehensive renovation or rehabilitation of any land or property, or any rights 
or interests therein hereinbefore mentioned, in the City of Baltimore, and the 
disposition of land and property for such purposes; 

(v) The elimination of unhealthfuJ, unsanitary or unsafe conditions, lessen- 
ing density, eliminating obsolete or other uses detrimental to the public welfare 
or otherwise removing or preventing the spread of blight or deterioration in the 
City of Baltimore; 

(vi) The demolition, removal, relocation, renovation or alteration of land, 
buildings, streets, highways, alleys, utilities or services, and other structures or 
improvements, and for the construction, reconstruction, installation, relocation 
or repair of buildings, streets, highways, alleys, utilities or services and other 
structures or improvements; 

(vii) The payment of any and all costs and expenses incurred for or in con- 
nection with doing any or all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, architectural, surveying 
and other professional services; and 

(viii) Doing any and all things necessary, proper or expedient in connection 
with or pertaining to any or all of the matters or things hereinbefore mentioned. 

All of such land or property shall be acquired, developed, redeveloped, 
renovated, rehabilitated, altered, improved, held or disposed of, as provided by 
law. 

(c) The use of the proceeds of the sale of the bonds shall be limited to expendi- 
tures for capital improvement projects having an estimated service life of not 
less than fifteen (15) years, and providing that such proceeds shall not be used for 
current operating expenses of the City. 

Sec. 9. And be it further ordained, That the expenditure of the proceeds de- 
rived from the sale of the bonds authorized to be issued under the provisions of 
this Ordinance shall be in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency designated in 
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore. 

Approved June 25, 1984 

WILLIAM DONALD SCHAEFEK, Mayor. 



350 ORDINANCES Ord. No. 121 

No. 121 
(Council No. 235) 

AN ORDINANCE concerning 

BOND ISSUE -HOUSING DEVELOPMENT LOAN 

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur- 
suant to Resolution VII of 1984 approved by the members of the General 
Assembly of Maryland representing Baltimore City), to issue and sell its cer- 
tificates of indebtedness to an amount not exceeding Four Million Dollars 
($4,000,000.00), the proceeds derived from the sale of the same to be used for 
the cost of issuance, including the expense of engraving, printing, advertising, 
attorneys' fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds shall be used to make or contract to make financial 
loans to any person or other legal entity to be used for or in connection with 
the purchase, acquisition, construction, erection, development, rehabilitation, 
renovation, redevelopment or improvement of buildings or structures, in- 
cluding any land necessary therefor, within the boundaries of Baltimore City, 
which buildings or structures are to be used or occupied for residential pur- 
poses; to guarantee or insure financial loans made by third parties to any per- 
son or other legal entity which are to be used for or in connection with the pur- 
chase, acquisition, construction, erection, development, rehabilitation, renova- 
tion, redevelopment or improvement of buildings or structures, including any 
land necessary therefor, within the boundaries of Baltimore City, which 
buildings or structures are to be used or occupied for residential purposes; and 
for doing any and all things necessary, proper or expedient in connection with 
or pertaining to any or all of the matters or things hereinbefore mentioned; 
conferring and imposing upon the Board of Finance of Baltimore City certain 
powers and duties; authorizing the submission of this Ordinance to the legal 
voters of the City of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore City on Tuesday, the 6th day of 
November, 1984; providing that the financial loans made, guaranteed or in- 
sured shall be self-supporting, and providing for the expenditure of the pro- 
ceeds of sale of said certificates of indebtedness in accordance with the provi- 
sions of the Charter of the Mayor and City Council of Baltimore, and by the 
Municipal Agency designated in the annual Ordinance of Estimates of the 
Mayor and City Council of Baltimore. 

Whereas, by Resolution VII of 1984 approved by the Members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and sell its certificates of 
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not 
exceeding Four Million Dollars ($4,000,000.00) in the manner and upon the terms 
set forth in said Resolution, the proceeds thereof, not exceeding the par value of 
said certificates of indebtedness, to be used for or in connection with making, 
guaranteeing, or insuring financial loans for the purchase, acquisition, construc- 
tion, erection, development, rehabilitation, renovation, redevelopment or im- 
provement of residential properties in Baltimore City, as authorized by said 
Resolution; and 



ORDINANCES 351 

Whereas, Funds are now needed for said purposes; therefore 

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That 
the Mayor and City Council of Baltimore, acting by and through the Board of 
Finance of said municipaHty, be and it is hereby authorized and empowered to 
issue bonds of the Mayor and City Council of Baltimore to an amount not ex- 
ceeding Four Million Dollars ($4,000,000.00), from time to time, as the same may 
be needed or required for the purposes hereinafter named and said bonds shall be 
sold by said Board of Finance from time to time and at such times as shall be req- 
uisite, and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become ef- 
fective unless it shall be approved by a majority of the votes of the legal voters of 
Baltimore City cast at the time and place hereinafter designated by this 
Ordinance. 

Sec. 2. And be it further ordained, That: 

(a) Said bonds shall be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars 
($1,000.00), or any suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in accordance with a serial 
maturity plan so worked out as to discharge the entire principal amount 
represented thereby within not more than forty (40) years from the date of their 
issuance; provided, however, that it shall not be necessary to provide for the 
maturity of any part of the principal amount represented by any of said bonds for 
the first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such rate or rates as may be 
determined by a majority of the Board of Finance by resolution at such time or 
times when any of said bonds are issued, and such interest shall be payable semi- 
annually. 

Sec. 3. And be it further ordained. That a majority of the Board of Finance of 
the Mayor and City Council of Baltimore be, and they are hereby, authorized to 
pass a resolution or resolutions, from time to time, to determine and set forth 
any or all of the following; 

(a) The amount of debt to be incurred by the Mayor and City Council of 
Baltimore at any particular time, and from time to time, under and pursuant to 
the provisions of this ordinance; the date or dates when any bonds representing 
said debt, or any part thereof, are to mature, and the amount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid date or dates; 
and the semi-annual dates in each year, during the entire period of time when any 
of said bonds are outstanding, when interest on any of said bonds shall be 
payable. 

(b) The form or forms of the bonds representing the debt, or any part thereof, 
authorized to be issued under the provisions of this ordinance at any particular 
time, including any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, for the issuance of 



352 ORDINANCES Orel. No. 121 

fully registered bonds; the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the conversion and reconver- 
sion into coupon bonds of any fully registered bonds or coupon bonds registered 
as to principal; the place or places for the payment of principal and interest of 
said bonds; and the date of said bonds issued at any particular time, and the right 
of redemption of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisement of the readiness of 
the Board of Finance, acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of such bids; the 
time, place, and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale and 
sold at the same time as other bonds of said City, to establish the conditions for 
bids and awards and to award all of said bonds on an all or none basis; and the 
time, place, terms and manner of settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued and sold 
pursuant to the provisions of this Ordinance shall be applied first to defray the 
cost of issuance thereof and the balance, if any, shall be applied to the payment of 
interest on any of said bonds becoming due and payable during the fiscal year in 
which said bonds are issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the bonds 
issued and sold pursuant thereto and their transfer, and the principal and in- 
terest payable thereon (including any profit made in the sale thereof), shall be 
and remain exempt from any and all State, county and municipal taxation in the 
State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this Ordinance shall 
be sold at public sale to the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and City Council of Baltimore, acting by 
and through the Board of Finance thereof, shall have the right to reject any or all 
bids therefor for any reason, and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds be offered at private sale 
they shall be offered for sale and sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained, That until all of the interest on and principal 
of any bonds issued pursuant to the provisions of this Ordinance have been paid 
in full, the Mayor and City Council of Baltimore shall levy and impose an annual 
tax on each One Hundred Dollars ($100.00) of assessable property in the City of 
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin- 
cipal of all bonds theretofore issued and outstanding or authorized to be issued 
and outstanding, payable in the next succeeding year. 

Sec. 6. And be it further ordained, That this Ordinance shall be submitted to 
the legal voters of the City of Baltimore, for their approval or disapproval, at the 



ORDINANCES 353 

General Election to be held in Baltimore City, on Tuesday, the 6th day of 
November, 1984. 

Sec. 7. And be it further ordained, That prior to the date of the election 
hereinbefore mentioned, notice shall be given to the public of the amount of 
money which the Mayor and City Council of Baltimore is authorized to borrow, 
and the general purposes for vvhich such borrowed funds may be expended, 
under the terms and provisions of this Ordinance, and the time when the election 
hereinbefore mentioned is to be held; and such public notice shall be given in such 
manner and by such means or through such media and at such time or times as 
may be determined, from time to time, by a majority of the Board of Finance. 

Sec. 8. And be it further ordained. That the actual cash proceeds derived from 
the sale of the bonds authorized to be issued under the provisions of this 
Ordinance, not exceeding the par value thereof, shall be used exclusively for the 
following purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the premiums realized 
from the sale, if any, for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other incidental expense connected 
therewith; and 

(b) The remainder of such proceeds shall be used to make or contract to make 
financial loans to any person or other legal entity to be used for or in connection 
with the purchase, acquisition, construction, erection, development, rehabilita- 
tion, renovation, redevelopment or improvement of buildings or structures, in- 
cluding any land necessary therefor, within the boundaries of Baltimore City, 
which buildings or structures are to be used or occupied for residential purposes; 
to guarantee or insure financial loans made by third parties to any person or 
other legal entity which are to be used for or in connection with the purchase, ac- 
quisition, construction, erection, development, rehabilitation, renovation, 
redevelopment or improvement of buildings or structures, including any land 
necessary therefor, within the boundaries of Baltimore City, which buildings or 
structures are to be used or occupied for residential purposes, and for doing any 
and all things necessary, proper or expedient in connection with or pertaining to 
any or all of the matters or things hereinbefore mentioned. 

Sec. 9. And be it further ordained, That no part of the proceeds of sale of the 
bonds hereby authorized to be issued shall be expended until after the Board of 
Finance has determined, based upon such data as said Board of Finance shall re- 
quire to be submitted to it to enable it to make such determination, that any 
financial loans made, guaranteed or insured from such proceeds, shall, in fact, be 
self-supporting. 

Sec. 10. And be it further ordained. That in case any land or property now or 
hereafter owned by the Mayor and City Council of Baltimore is sold by it to any 
legal entity for the purpose of construction, erection, development, rehabilita- 
tion, renovation, redevelopment or improvement of buildings or structures, 
which buildings or structures are to be used or occupied for residential purposes, 
then the purchaser of said land or property shall pay to the municipality at least 
an amount of money equal to the full appraised value of said land or property, 



354 ORDINANCES Ord. No. 122 

and in case any such land or property is leased by the municipality to any legal 
entity for any of the purposes hereinbefore mentioned, then the lessee shall pay 
annually to the municipality an amount of money equal to the reasonable rental 
value of said land or property. In the event any such land or property is sold by 
the municipality as aforesaid and such land or property is then reconveyed back 
to the municipality as security for any loan made by the municipality to the pur- 
chaser under the provisions of this Ordinance, then such purchaser shall pay an- 
nually to the municipality in lieu of taxes a tax equivalent charge on such land or 
property on the basis of the then prevailing tax assessment on the land and im- 
provements and calculated at the City and State tax rates then in effect, in ac- 
cordance with the policy of the Board of Estimates of the municipality. All 
payments made in lieu of taxes shall be made when real estate taxes of the 
municipality ordinarily become due and payable. 

Sec. 11. And be it further ordained, That the expenditure of the proceeds 
derived from the sale of the bonds authorized to be issued under the provisions of 
this Ordinance shall be in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency designated in 
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore. 



Approved June 25, 1984 



WILLIAM DONALD SCHAEFER, Mayor. 



No. 122 
(Council No. 261) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS - 
(BALTIMORE CAR & TRUCK RENTAL PROJECT) 

FOR the purpose of authorizing and empowering Mayor and City Council of 
Baltimore (the "City") (1) to issue, sell and deliver, at any time or from time to 
time and in one or more series, as limited obligations of the City and not upon 
its full faith and credit, its industrial development revenue bonds, to be 
designated "Baltimore City, Maryland Industrial Development Revenue 
Bonds (Baltimore Car & Truck Rental Project) Series "A", in the aggregate 
principal amount not to exceed $200,000 (the "Series A Bonds"), pursuant to 
Sections 266A to 266-1, inclusive, of Article 41 of the Annotated Code of 
Maryland (1982 Replacement Volume and 1983 Cumulative Supplement), as 
amended, in order to use the Series A Bonds or the proceeds thereof to pur- 
chase a facility to be sold to Leasing Syndications, Ltd. (the "Borrower") for 
the sole and exclusive purpose of financing the costs, charges, fees and ex- 
penses in connection with one or more of the following: (i) the acquisition of an 
interest in land consisting of approximately 3 acres located at 200 North War- 
wick Avenue in the City of Baltimore (the "Land"), (ii) the acquisition of an ex- 
isting building of approximately 7,500 square feet situated on the land (the 



ORDINANCES 355 

"Building") to be used as a truck and car rental, service, repair and 
maintenance facility, and (iii) the acquisition of such other interests in land as 
may be necessary or suitable for the foregoing, including roads and rights of 
access, utilities and other necessary site preparation facilities (collectively the 
"Series A Project"), and (if necessary) the funding of reserves and payment of 
interest on such Series A Bonds, which facility (the "Series A Facility") shall 
be leased by the Borrower to, and used by, a tenant or tenants yet to be deter- 
mined, and (2) to issue, sell and deliver, at any time or from time to time in one 
or more series, as limited obligations of the City and not upon its full faith and 
credit, its industrial development revenue bonds, to be designated "Baltimore 
City, Maryland Industrial Development Revenue Bonds (Baltimore Car & 
Truck Rental Project) Series B", in the aggregate principal amount not to 
exceed $1,800,000 (the "Series B Bonds"), pursuant to Sections 266A to 266-1, 
inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement 
Volume and 1983 Cumulative Supplement), as amended, in order to loan the 
proceeds of the Series B Bonds to the Borrower for the sole and exclusive pur- 
pose of financing the costs, charges, fees and expenses in connection with one 
or more of the following: (i) the renovation of the building, (ii) the acquisition 
and installation in the building, or use with respect to the building, of certain 
machinery and equipment (including trucks, tractors, trailers and related 
equipment which shall be used in connection with the truck and car rental, 
service, repair and maintenance businesses of Baltimore Car & Truck Rental, 
Inc. and another lessee or lessees of said equipment yet to be determined), and 
other improvements as may be necessary or useful in connection with the 
building or the use thereof, and (iii) the acquisition of such other interests in 
land, machinery and equipment (including trucks, tractors, trailers and related 
equipment which shall be used in connection with the truck and car rental, 
service, repair and maintenance businesses of Baltimore Car & Truck Rental, 
Inc. and another lessee or lessees of said equipment yet to be determined) as 
may be necessary or suitiible for the foregoing, including roads and rights of 
access, utilities and other necessary site preparation facilities (collectively the 
"Series B Project"), and (if necessary) the funding or reserves and payment of 
interest on the Series B Bonds, which facility (the "Series B F'acility") shall be 
leased to Baltimore Car &. Truck Rental, Inc. and another lessee or lessees yet 
to be determined for use in their truck and car rental, service, repair and 
maintenance businesses at 200 North Warwick Avenue in Baltimore City, 
Maryland and 2303 North Howard Street in Baltimore City, Maryland; reserv- 
ing in the City certain rights concerning the issuance of the Series A Bonds 
and the Series B Bonds; making certain legislative findings with respect to the 
Series A Bonds and the Series B Bonds; authorizing the sale of the Series A 
Project financed with the proceeds of the Series A Bonds to the Borrower; 
authorizing the loan of the proceeds of the Series B Bonds to the Borrower; 
authorizing and empowering the Board of Finance of the City, prior to the is- 
suance, sale and delivery of Series A Bonds, to adopt a resoluti(jn jjursuant to 
which the Board of Finance shall (a) approve the issuance of the Series A 
Bonds, (b) specify, prescribe, determine, provide for and approve certain 
details, forms, documents or procedures in connection with the Series A Bonds 
issued hereunder and the use of the proceeds of such Series A Bonds to pur- 
chase a facility to be sold to the Borrower and any other matters necessary or 
desirable in connection with the authorization, issuance, sale, and payment of 



35G ORDINANCES Ord. No. 122 

such Series A Revenue Bonds, including, but not limited to, the form, terms, 
provisions, manner or method of issuing and selhng, and the time or times of 
issuance, and any and all other details of such Series A Bonds, and (c) do any 
and all things necessary, proper or expedient in connection with the issuance 
and sale of such Series A Bonds; authorizing and empowering the Board of 
Finance of the City, prior to the issuance, sale and delivery of the Series B 
Bonds, to adopt a resolution pursuant to which the Board of Finance shall (a) 
approve the issuance of the Series B Bonds, (b) specify, prescribe, determine, 
provide for and approve certain details, forms, documents or procedures in 
connection with the Series B Bonds issued hereunder and the loan of the pro- 
ceeds of such Series B Bonds to the Borrower and any other matters necessai7 
or desirable in connection with the authorization, issuance, sale, and i^ayment of 
such Series B Revenue Bonds, including, but not lin^ited to, the form, terms, 
provisions, manner or method of issuing and selling, and the time or times of 
issuance, and all other details of such Series B Bonds, and (c) do any and all 
things necessary, proper or expedient in connection with the issuance and sale 
of such Series B Bonds; providing that the Borrower shall agree to develop, in 
conjunction with the Mayor's Office of Manpower Resources its successors and 
assigns ("MOMR"), a plan covering future hiring needs and the use, wherever 
possible, of the training and recruitment services of the MOMR in connection 
with the acquisition and installation of the Series A Project and the Series B 
Project; providing that the Borrower shall agree to submit certain plans and 
specifications to, and to coordinate with, the Department of Housing and Com- 
munity Development and the Department of Planning and their successors 
and assigns in connection with the acquisition and installation of the Series A 
Project and the Series B Project; authorizing the Mayor of the City to accept 
the letter of intent from the Borrower dated March 10, 1984; providing that 
the authorization for the issuance of the Series A Bonds and the Series B 
Bonds hereunder shall be of limited duration; and generally providing for and 
determining various matters and details in connection with the authorization, 
issuance, security, sale and payment of such Series A Bonds and such Series B 
Bonds. 

RECITALS 

The Maryland Economic Development Revenue Bond Act, Sections 2()6A 
through 266-1, inclusive, of Article 41 of the Annotated Code of Maryland (1982 
Replacement Volume and 1983 Cumulative Supplement) (the "Act") constitute 
those provisions of Maryland law authorizing the issuance of industrial develop- 
ment revenue bonds by all the counties and municipalities of the State of 
Maryland (the "State"). 

The Act empowers the counties and municipalities of the State to issue revenue 
bonds, bond anticipation notes, notes in the nature of commercial paper and 
other instruments, certificates or evidences of obligation and to loan the pro- 
ceeds of the sale of such revenue bonds to a facility applicant (as defined in the 
Act) to finance the acquisition (as that term is defined in the Act) l)y such facility 
applicant of a facility (as that term is defined in Section 266A of the Act). The Act 
also empowers the counties and municipalities of the State to issue revenue 
bonds, bond anticipation notes, not'js in the nature of commercial paper and 



ORDINANCES 357 

other instruments, certificates or evidences of obligation and to finance the ac- 
quisition (as that term is defined in the Act) of a facihty (within the definition of 
the Act) by acquiring the facihty and leasing or selling the facility to a facility ap- 
plicant (as that term is defined in the Act). The Act declares it to be its legislative 
purpose to relieve conditions of unemployment in the State, to encourage the in- 
crease of industry and commerce and a balanced economy in the State, to assist 
in the retention of existmg industry and commerce and in the attraction of new 
industry and commerce in the State through, among other things, port develop- 
ment and the control, reduction or abatement of pollution of the environment 
and the utilization and disposal of wastes (where the proceeds of such bonds are 
used for such purpose), to promote economic development, to protect natural 
resources and encourage resource recovery and, generally, to promote the 
health, welfare, and safety of the residents of each of the counties and 
municipalities of the State. 

The City has received a letter of intent (as contemplated by Section 266A(h) of 
the Act) dated March 10, 1984 (the "Letter of Intent") from Leasing Syndica- 
tions, Ltd., a Maryland corporation and a facility applicant (as defined in the Act) 
and a facility user (as defined in the Act) (hereinafter referred to as the "Bor- 
rower"), and Baltimore Car & Truck Rental, Inc. ("Baltimore Car & Truck 
Rental"), a Maryland corporation and a facility applicant and a facility user, pur- 
suant to which the Borrower and Baltimore Car & Truck Rental have requested 
as follows: (1) that the City participate in the financing of the acquisition (within 
the meaning of the Act) by the Borrower of a facility (within the definition of the 
Act) to be located in Baltimore City, Maryland (the "Series A Facility") by the is- 
suance and sale by the City of its Baltimore City, Maryland Industrial Develop- 
ment Revenue Bonds (Baltimore Car &. Truck Rental Project) Series A, in an ag- 
gregate principal amount not exceeding $200,000 (the "Series A Bonds"), and by 
acquiring the Series A Facility with the proceeds of the sale of the Series A 
Bonds and then selling the Series A Facility to the Borrower (the "Sale") upon 
the terms and conditions of a conditional sale or similar form of agreement to be 
entered into by the City and the Borrower (the "Sale Agieement"), as permitted 
by the Act. aiui (2) that the City participate in the financing of the acquisition 
(within the meaning of the Act) by the Borrower of a facility (within the defini- 
tion of the Act) to be located in Baltimore City, Maryland (the "Series B Facility") 
by the issuance and sale by the City of its Baltimore City, Maryland Industrial 
Development Revenue Bonds (Baltimore Car & Truck Rental Project) Series B, 
in an aggregate principal amount not exceeding $1,800,000 (the "Series B 
Bonds"), and by loaning the proceeds of the Series B Bonds to the Borrower upon 
the terms and conditions of one or more loan or other agreements to be entered 
into between the City and the Borrower (collectively, the "Loan Agreement"), as 
permitted by the Act (such loan being herein referred to as the "Loan"). 

The Series A Facility will consist generally of one or more of the following: (i) 
the acquisition of an approximately 3 acre tract of land located at 200 North War- 
wick Avenue, Baltimore, Maryland (the "Land"), (ii) the accjuisition of an existing 
building of approxinuitely 7,500 stjuare feet situated on the Land (the "Building") 
to be used as a car and truck rental, service, repair and maintenance facility, and 
(iii) the ac(juisition of such other interests in land as may be necessary or suitable 
for the foregoing, including roads and rights of access, utilities and other 



358 ORDINANCES Ord. No. 122 

necessary site preparation facilities. The Series A Facility will be acquired by the 
City and then sold by the City to the Borrower. The Borrower will lease the 
Series A Facility to a tenant or tenants yet to be determined (collectively, the 
"Series A Facility User"). 

The Series B Facility will consist generally of one or more of the following: (i) 
the renovation of the Building to be used as a car and truck rental, service, repair 
and maintenance facility, (ii) the acquisition and installation in the Building, or 
use with respect thereto, of certain machinery and equipment (including trucks, 
tractors, trailers and related equipment which shall be used in connection with 
the truck and car rental, service, repair and maintenance businesses of the Series 
B Facility User (hereinafter defined) and other improvements therein as may be 
necessary or useful in connection with the operation of the Facility User's 
businesses, and (iii) the acquisition of such other interests in land, machinery and 
equipment (including trucks, tractors, trailers and related equipment which shall 
be used in connection with the truck and car rental, service, repair and 
maintenance businesses of the Series B Facility User) as may be necessary or 
suitable for the foregoing, including roads and rights of access, utilities and other 
necessary site preparation facilities. The Series B Facility will be leased by the 
Borrower to Baltimore Car & Truck Rental, Inc. and another lessee or lessees 
yet to be determined (collectively, the "Series B Facility User") to be used in their 
truck and car rental, service, repair and maintenance businesses at 200 North 
Warwick Avenue in Baltimore City, Maryland and 2303 North Howard Street in 
Baltimore City, Maryland. 

The Sale Agreement will require the Borrower (a) to make purchase payments 
which will be sufficient to pay the necessary costs of preparing, printing, selling 
and issuing the Series A Bonds, the funding of reserves, and the payment of in- 
terest with respect to such financing, in such amounts or for such period as the 
Board of Finance of the City (the "Board") deems reasonable, or to finance other 
costs permitted by the Act, and (b) to make purchase payments which will be suf- 
ficient to pay the principal of, and interest and redemption premium (if any) on, 
the Series A Bonds and all expenses incurred by the City in connection with the 
issuance and sale of the Bonds and the sale of the Series A Facility, as the same 
become due and payable. 

The Loan Agreement will require the Borrower (a) to use the proceeds of the 
Series B Bonds solely to finance the acquisition of the Facility, to pay the 
necessary costs of preparing, printing, selling and issuing the Series B Bonds, 
the funding of reserves, and the payment of interest with respect to such financ- 
ing, in such amounts or for such period as the Board deems reasonable, or to 
finance other costs permitted by the Act, and (b) to make Loan payments which 
will be sufficient to pay the principal of, and interest and redemption premium (if 
any) on, the Series B Bonds and all expenses incurred by the City in connection 
with the issuance and sale of the Series B Bonds and the making and administra- 
tion of the Loan, as the same become due and payable. 

The City has determined to accept the Letter of Intent, (1) to issue and sell the 
Series A Bonds in an aggregate principal amount not exceeding $200,000 and to 
acquire the Series A F^acility with the Series A Bonds and to sell the Series A 
Facility to the Borrower on the terms and conditions to be set forth in the Sale 






ORDINANCES 359 

Agreement in order to help finance the acquisition of the Series A Facihty by the 
Borrower and thereby facilitate the leasing of the Series A F^acility to the Series 
A Facility User, and (2) to issue and sell the Series B Bonds in an aggregate prin- 
cipal amount not exce